Law for the Protection of Cultural Plants (Plant Protection Act-PflSchG)

Unofficial table of contents

PflSchG

Date of completion: 06.02.2012

Full quote:

" Plant Protection Act of 6 February 2012 (BGBl. I p. 148, 1281), most recently by Article 4 of the Law of 2 December 2014 (BGBl. I p. 1928) "

Status:	Last amended by Art. 4 G v. 2.12.2014 I 1928
§ § 42 to 44 shall act in accordance with Section 74 (9) will be repeal. The Federal Ministry of Food, Agriculture and Consumer Protection announcates the date of the expiry of the Federal Law Gazets.

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 14.2.2012 + + +) 
(+ + + For application cf.  § 74 + + +) 

  

The G was decided as Article 1 of the G v. 6.2.2012 I 148 of the Bundestag with the consent of the Bundesrat. It's gem. Article 9 of this Act entered into force on 14 February 2012. Unofficial table of contents

Content Summary

Section 1General provisions

§ 1	Purpose
§ 2	Definitions

Section 2Implementation of
Plant protection measures

§ 3	Good professional practice and integrated pest management
§ 4	Action plan on the sustainable use of plant protection products
§ 5	Participation of federal authorities in the action plan on the sustainable use of plant protection products
§ 6	Plant protection measures
§ 7	Measures against the introduction and disappearance and settlement of harmful organisms
§ 8	Arrangements of competent authorities

Section 3General Requirements
for users, dealers and manufacturers of
Plant protection products and plant protection advisers

§ 9	Personal requirements
§ 10	Display in consultation and application
§ 11	Recording and information requirements

Section 4Application of plant protection products

§ 12	Rules for the use of plant protection products
§ 13	Rules on the restriction of the use of plant protection products
§ 14	Prohibitions
§ 15	Obligation to rectify
§ 16	Use of plant protection equipment
§ 17	Use of plant protection products on land intended for the general public
§ 18	Use of plant protection products with aircraft
§ 19	Application or use of plant protection products, seed, plant or culture substrate
§ 20	Experimental
Section 21	Collection of data on the use of plant protection products
Section 22	Additional national powers

Section 5levy, return
and export of plant protection products

Section 23	Levy of plant protection products
§ 24	Obligation to notify plant protection products
Section 25	Export
Section 26	Separate storage
§ 27	Return of plant protection products

Section 6placing on the market
Plant protection products, authorisation procedures

§ 28	Marketing of plant protection products
§ 29	Marketing in special cases
§ 30	Placing of plant protection products on the market under deviant names
Section 31	Marking
Section 32	Placing on the market of seeds treated with plant protection products, planting material or cultivation substrate
§ 33	Responsibility for the authorisation of plant protection products
Section 34	Participations
§ 35	Basis for the procedures for the authorisation of a plant protection product
§ 36	Additional provisions for the content of the authorisation
Section 37	New findings
§ 38	Renewal of authorisation
§ 39	Revocation, withdrawal, revocation of authorisation
§ 40	Supplementary rules on authorisation and approval procedures

Section 7placing on the market of other substances,
Authorisation and approval procedures

Section 41	Responsibility for the testing of active substances, safeners and synergists
§ 42	Additives
Section 43	Labelling of additives
Section 44	Verification of authorised additives
§ 45	Herbal starch

Section 8Parallel trade

Section 46	Permit for parallel trade
§ 47	Labelling of parallel plant protection products
§ 48	Rest of the permit for parallel trade
§ 49	Obligations of the holder of the permit for parallel trade
§ 50	Withdrawal or revocation of the parallel trade permit
Section 51	Intra-Community consumption of plant protection products for own use

Section 9Plant protection equipment

Section 52	Audit
Section 53	Operating Instructions

Section 10Compensation, transfer of receivables, costs

§ 54	Compensation
§ 55	Request Transition
§ 56	Fees and expenses

Section 11Authorities, Monitoring

Section 57	Julius Kühn-Institute
Section 58	Federal Office of Consumer Protection and Food Safety
§ 59	Implementation in the countries
§ 60	Government orders
Section 61	Participation of customs services
Section 62	Authorized customs offices

Section 12 Obligations and reporting obligations,
Transmission of data, secrecy

§ 63	Obligation to provide information
Section 64	Reporting obligation
Section 65	Secrecy
Section 66	Transmission of data
Section 67	External transport

Section 13Strait and Bußfines

Section 68	Fines
Section 69	Criminal provisions

Section 14Final provisions

Section 70	Untouchdown clause
Section 71	Special provisions to combat the rebounds
Section 72	Sub-Regulations
Section 73	Proclamation of legal orders
Section 74	Transitional provisions

Section 1
General provisions

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§ 1 Purpose

The purpose of this law is to:

1.

to protect plants, in particular crops, from harmful organisms and non-parasitic impairments,

2.

to protect plant products from harmful organisms,

3.

Hazards arising from the use of plant protection products or other measures of plant protection, in particular for human and animal health and for the natural environment, may be prevented or prevented,

4.

To implement acts of the European Community or of the European Union within the scope of this Act.

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§ 2 Definitions

In addition to the definitions laid down in Articles 2 and 3 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 June 2009, On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. 1), as amended, the following definitions shall apply within the scope of this Act:

1.

Plant protection:

a)

the protection of plants against harmful organisms and non-parasitic impairments,

b)

the protection of plant products against harmful organisms (protection of stocks)

, including the use and protection of animals, plants and micro-organisms, which can be used to combat harmful organisms;

2.

Integrated plant protection:

a combination of procedures in which the use of chemical plant protection products is limited to the necessary level, with the priority consideration of biological, biotechnical, plant-breeding and cultivation and culture-related measures ;

3.

Plants:

live plants and live parts of plants, including fruits and seeds;

4.

Plant products:

products of plant origin which have not been processed or processed only by simple processes, such as drying or crushing, excluding processed wood;

5.

Plant species:

plant species and plant varieties, together with their summaries and subdivisions;

6.

Natural budget:

its components, soil, water, air, animal and plant species, and the structure of action between them;

7.

Infested items:

plants, plant products or other objects which are, or may be, carriers of certain harmful organisms;

8.

Towing:

If a harmful organism is or is not present in an area in which it does not yet occur or is present and is not yet widespread and which leads to its settlement in that area;

9.

Abductions:

to spend a harmful organism within an area, including its spread;

10.

Herbal starch:

substances and mixtures, including micro-organisms, which

a)

are intended solely for the purpose of general conservation of the plants, in so far as they are not plant protection products referred to in Article 2 (1) of Regulation (EC) No 1107/2009, or

b)

are intended to protect plants from non-parasitic impairments;

11.

Plant protection equipment:

equipment and equipment intended for the use of plant protection products;

12.

Culture substrates:

Erden and other substrates in solid or liquid form, which serve as a root area for plants;

13.

Application Area:

certain plants, plant species or plant products, also taking into account the relevant use, together with those harmful organisms against which the plants and plant products are to be protected, or the other The purpose for which the plant protection product is to be applied;

14.

Member State:

Member State of the European Union;

15.

Free land areas:

the areas which are not permanently covered by buildings or roofing, irrespective of their nature or use, including areas of transport of any kind, such as track, road, farm, farm and other areas of land, Deep-building measures modified land areas;

16.

professional users:

any person who uses plant protection products in the course of his professional activities;

17.

Reimport:

plant protection products authorised in Germany in its original packaging intended for placing on the market in Germany and original labelling, which is re-imported from another State or is brought into Community law;

18.

Imports:

The provision of non-Community goods within the meaning of Article 4 (8) in conjunction with point 7 of Council Regulation (EEC) No 2913/92 of 12 June 1992. October 1992 establishing the Community Customs Code (OJ L 327, 31.12.1992, p. 1), as last amended by Regulation (EC) No 1791/2006 (OJ L 210, 31.7.2006, p. 1), it is within the scope of this Act;

19.

Intra-Community displacement:

The use of harmful organisms, objects or substances which are in free circulation from another Member State to the territory of the country.

Section 2
Implementation of plant protection measures

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§ 3 Good professional practice and integrated plant protection

(1) Plant protection may only be carried out according to good professional practice. The good professional practice in plant protection includes in particular:

1.

compliance with the general principles of integrated pest management laid down in Annex III to Directive 2009 /128/EC of the European Parliament and of the Council of 21 1 October 2009 establishing a framework for Community action on the sustainable use of pesticides (OJ L 327, 28.12.2009, p. OJ L 309, 24.11.2009, p. 71), as amended,

2.

the maintenance and quality assurance of plants and plant products by:

a)

preventive measures,

b)

Prevention of the introduction or ablation of harmful organisms,

c)

Defence or control of harmful organisms,

d)

Promotion of natural mechanisms to control harmful organisms and

3.

Measures for the protection against and prevention of risks arising from the use, storage and other handling of plant protection products or through other measures of plant protection, in particular for human and animal health and for the nature budget, including the groundwater, can be created.

The competent authority may order the measures necessary to comply with the requirements set out in the first sentence of the first sentence of sentence 2. (2) The Federal Ministry of Food, Agriculture and Consumer Protection shall draw up a list of the measures to be taken with the participation of: of the countries and taking into account Annex III to Directive 2009 /128/EC, the state of the scientific knowledge and taking into account the experience of the plant protection services and of the group of persons, the plant protection measures , and the measures referred to in points 2 and 3 of the second sentence of paragraph 1, Principles for the implementation of good professional practice in plant protection. The Federal Ministry of Food, Agriculture and Consumer Protection gives these principles in agreement with the Federal Ministries of Economy and Technology, for Labour and Social Affairs, for Health and for the Environment, Nature Conservation and Reactor safety in the Federal Gazette (Bundesanzeiger) or electronic Federal Gazette (Bundesanzeiger). (3) Animals and plants of an invasive species within the meaning of § 7 Paragraph 2 (9) of the Federal Nature Protection Act may not be used for purposes of plant protection. (4) The Federal Ministry of Food, Agriculture and Consumer Protection will authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, by means of a regulation with the consent of the Federal Council, exceptions to the prohibition of paragraph 3, if, in particular, the protection Do not preclude occurring ecosystems, biotopes or species. Unofficial table of contents

Section 4 Action Plan on the sustainable use of plant protection products

(1) The Federal Government shall adopt an action plan for the sustainable use of plant protection products within the meaning of Article 4 (1) of Directive 2009 /128/EC (Action Plan). The action plan shall be drawn up with the participation of the countries and the participation of associations dealing with plants or plant products, plant protection, consumer protection, water management or environmental and nature conservation. The action plan shall also include quantitative targets, objectives, measures and timetables to reduce the risks and effects of the use of plant protection products on the basis of the risk reduction measures already taken. Health of humans and animals as well as on the natural household. The objectives concern the areas of crop protection, user protection, consumer protection and the protection of the natural budget. (2) The Federal Government makes the draft plan of action known in an appropriate manner and takes into account the preparation and Amendment of the Action Plan the result of public participation in an appropriate manner. The final preparation of the Action Plan is carried out with the participation of the Länder. (3) The Federal Government is aware of the action plan in the Federal Gazette (Bundesanzeiger) or electronic Federal Gazette (Bundesanzeiger). (4) The Federal Government is reviewing the five years. Paragraphs 1 to 3 shall apply accordingly. Unofficial table of contents

Section 5 Participation of federal authorities in the action plan on the sustainable use of plant protection products

The Federal Office for Consumer Protection and Food Safety and the Julius Kühn Institute act within the scope of their respective responsibilities as well as the Federal Institute for Risk Assessment on questions in the elaboration of the action plan within the meaning of § 4. With regard to the health of humans and animals and the Federal Environment Agency on issues relating to the natural environment. The federal authorities referred to in the first sentence shall be involved in the implementation of the action plan as part of the administrative tasks assigned to them under this Act. Unofficial table of contents

§ 6 Plant protection measures

(1) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in so far as it is necessary for the fulfilment of the purposes specified in § 1, by means of a legal regulation with the consent of the Federal Council

1.

, the occurrence or suspicion of the occurrence of harmful organisms, the cultivation or occurrence of certain plant species, other facts which are important for the occurrence or control of harmful organisms, or the application of certain to indicate plant protection products, plant protection equipment or plant protection procedures to the competent authority;

2.

To oblige the holder and the owner to monitor, investigate or have infested objects, land, buildings or spaces on the occurrence of harmful organisms;

3.

To oblige the holder and the owner to control or to combat certain harmful organisms and to prescribe or prohibit certain plant protection products, plant protection equipment or processes for this purpose;

4.

to ensure that the competent authorities monitor plants and land for the occurrence of certain harmful organisms and to combat certain harmful organisms;

5.

order the destruction, decontamination or deforestation of infestations and the decontamination or deforestation of the soil, of cultural substrates or of buildings or spaces, as well as prescribing or prescribing certain means, equipment or procedures for this purpose, or prohibit;

6.

to prescribe or prohibit the use of certain crop substrates for the cultivation or cultivation of certain plants;

7.

to limit the use of infested, suspected or infested land, and to adopt rules on the prohibition of such land;

8.

prohibit or restrict the use of non-suitable seed or planting material or not suitable for the processing of certain parts of plants;

9.

prohibit or restrict the cultivation of certain plant species;

10.

the placing on the market of certain plants intended for the production of plants or otherwise for cultivation (crop material);

a)

in the event of infestation or suspected infestation with certain harmful organisms, to be prohibited or restricted,

b)

the result of an investigation into infestation with certain harmful organisms or resistance to certain harmful organisms or subject to authorisation;

11.

for the purpose of the release or release of infested, infested or infested plots of land from certain plants;

12.

to prohibit, restrict or make an authorisation or display subject to the promotion, placing on the market and storage of certain harmful organisms and infestation,

13.

prohibit, restrict or make an authorisation or display dependent on the breeding and holding of certain harmful organisms and their work;

14.

to dispose of land, buildings, spaces or containers which are used for the storage of plants or plant products, to be decontaminated, to be removed or to be cleaned, and to prescribe, or to prescribe, certain means, equipment or procedures for the storage of plants or plant products. prohibit;

15.

Rules for the protection of animals, plants or micro-organisms

a)

from their exposure to plant protection products, plant protection equipment or other equipment and equipment used in plant protection; or

b)

with regard to their benefits for the control of harmful organisms

,

16.

Provisions relating to the importation, intra-Community movement and movement in the territory of another Member State, the placing on the market and the use of animals, plants or micro-organisms for combating of certain harmful organisms, which may include the importation, intra-Community movement and the movement of animals, plants or micro-organisms in the territory of the country or in another Member State, the placing on the market and use of animals, plants or micro-organisms depend on a permit, and the conditions and the procedure for this purpose.

(2) Legal orders referred to in points 3, 5, 14, 15 and 16 of paragraph 1 require the agreement of the Federal Ministries of Labour and Social Affairs and the Environment, Nature Conservation and Nuclear Safety, insofar as they relate to the application of certain plant protection products or other substances. (3) State governments shall be authorized to:

1.

, in so far as the Federal Ministry of Food, Agriculture and Consumer Protection does not make use of its power, the legal regulations referred to in paragraph 1 shall be adopted,

2.

by means of a legal regulation, in so far as it is necessary for the fulfilment of the purposes specified in § 1,

a)

in areas which are particularly suitable for the cultivation of certain types of plant, to prohibit the cultivation of certain plant species or to prescribe the use of certain seeds or planting products, as well as certain cultivation methods,

b)

to prescribe that plants or plant products may only be stored in a certain manner.

They may, by means of a regulation, delegate this power to the supreme state authorities and in so doing determine that they may further transfer their power by means of a regulation to subordinate authorities or authorities under their supervision. (4) The definition of Article 3 (7) of Regulation (EC) No 1107/2009 shall be harmful organisms within the meaning of paragraph 1 and § § 7, 8, 57, 59, 60 and 62 animals, plants and micro-organisms in all stages of development, the damage to plants and plant products; viruses and similar pathogens the micro-organisms, not diseases caused by harmful organisms, will be treated as harmful organisms. (5) It is forbidden to spread harmful organisms and thereby

1.

Stocks of plants of particularly protected species within the meaning of Section 7 (2) (13) of the German Federal Nature Protection Act,

2.

foreign plant stocks of significant value, or

3.

Plant stocks of significant value for nature or landscape

at risk. Unofficial table of contents

Section 7 Measures to prevent the introduction and disappearance and settlement of harmful organisms

(1) The Federal Ministry of Food, Agriculture and Consumer Protection shall be authorized to the extent that:

1.

on the protection against the danger

a)

the introduction or settlement of harmful organisms in the Member States;

b)

the disappearance of harmful organisms within the European Union or into a third country, or

2.

on the protection of certain areas from harmful organisms and infestation

, by means of a regulation with the consent of the Federal Council, the promotion, placing on the market, importation, intra-Community movement and the movement in the territory of another Member State or the movement to another Member State and the To prohibit or restrict exports of harmful organisms and infestation. It may, in particular,

1.

promoting, placing on the market, placing on the Community market, including domestic or other Member States, the import and export of harmful organisms and objects of infestation;

a)

from a permit or ad,

b)

from an examination or evidence of a decontamination, deforestation or other treatment carried out,

c)

accompanied by certain certificates,

d)

of a particular packaging or marking,

e)

From an authorisation or registration of the holding which produced or cultivated the plants or which places the plants, plant products, culture substrates or other objects of the plant on the market, or which places them on the market;

2.

Provisions adopted on:

a)

the carrying out of studies, including sampling,

b)

the observation, use or treatment, including the destruction of the objects of infestation, as well as the examination of technical devices for the treatment of infestations, and the transfer of such investigations to experts,

c)

the obligation to keep records, in particular on investigations carried out, on the occurrence of harmful organisms, on their control and on the whereabalage of infestation,

d)

the content, form and issue of the certificates referred to in point 1 (c),

e)

the closure of packages and containers, as well as the closure,

f)

the storage of certificates and records and their submission to the competent authority;

g)

the conditions and procedure for the approval or registration of establishments referred to in point 1 (e), including the glory or deletion of the authorisation or registration, restrictions on registered or registered establishments in the case of plant production, plant cultivation and the promotion, placing on the market or storage of infestation, and the processing and use of the data collected in the process,

h)

the conditions and the procedure for the authorisation of establishments which study plants, plant products or substrates for the infestation of harmful organisms, including the conditions for the recognition of a facility as the national reference laboratory and the minimum requirements for these facilities, the glory of the authorisation or of restrictions on the investigative activity, and the processing and use of the data collected in the proceedings.

(2) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to do so by means of a legal regulation without the consent of the Federal Council

1.

Rules on the procedure and the implementation of risk analyses by the Julius Kühn Institute, Federal Research Institute for Cultural Plants (Julius Kühn Institute) with regard to the risk of the introduction of harmful organisms into the European Union the Union, the disappearance of harmful organisms within the European Union or the introduction of harmful organisms into a third country, and the issuing of appropriate certificates on the analyses carried out and their results;

2.

in so far as it is necessary to fulfil the purposes set out in § 1 (1), (2) and (4), to assign the function of a Community or national reference laboratory to the Julius Kühn Institute with the tasks associated with it.

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Section 8 orders of the competent authorities

The competent authority may, in accordance with Article 6 (1) and Article 7 (1), first sentence, in conjunction with the first sentence of paragraph 1 (a) to (d), to combat harmful organisms or to prevent the introduction of harmful organisms and the settlement of harmful organisms. and point 2 (a) to (f), in so far as a provision is not made pursuant to Article 6 (1) or (3) or the first sentence of Article 7 (1), or to the extent to which a regulation is made pursuant to Article 6 (1) or (3) or (3) or the first sentence of Article 7 (1) sentence 1 Regulation not preclude.

Section 3
General requirements for users, traders and manufacturers of plant protection products as well as plant protection consultants

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§ 9 Personal requirements

(1) A person may only

1.

Use plant protection products,

2.

advice on plant protection within the meaning of Article 3 (3) of Directive 2009 /128/EC,

3.

Persons who use, initiate or supervise plant protection products in the context of a training relationship or an ancillary activity;

4.

Placing plant protection products on the market, or

5.

plant protection products on the Internet also on the market outside commercial activities,

if it has a certificate issued by the competent authority. (2) The competent authority shall, at the request of the competent authority, issue the certificate if the applicant has the necessary reliability and proves that he/she is possess the necessary technical knowledge and the practical skills required for the particular activity in order to apply plant protection products in accordance with their intended and appropriate requirements. Those who place plant protection products on the market or on the Internet also outside commercial activities must also demonstrate that they have the necessary technical knowledge to ensure that they are both professional and non-professional. Users of plant protection products on the intended and appropriate use of plant protection products, risks associated with the use of plant protection products, possible risk reduction measures, and proper storage and storage The disposal of plant protection products and their residues should be informed. The competent authority shall be required to provide the competent authority upon request. (3) The competent authority shall revoke the proof of proof of the facts if the facts justify the assumption that the holder of the proof referred to in paragraph 2 is concerned. The holder of the certificate has repeatedly failed to comply with the provisions of this Act or of the regulations based on this Act. (4) Informed persons within the meaning of paragraph 1 shall be obliged to: within a period of three years from the date of the initial exhibition of a To carry out a training measure recognised by the competent authority, proof of professional competence. The competent authority shall be required to demonstrate the continuing or continuing training on request. If the competent authority is unable to provide proof in accordance with the second sentence, the competent authority shall set a time limit for the exercise of a further training or further training measure. If no further training or further training is carried out within this period, the competent authority shall revoke the proof of proof. (5) By way of derogation from the first sentence of the first sentence of paragraph 1, no evidence of proof of proof of proof shall be required for the

1.

Use of plant protection products approved for non-professional users, in the home and small garden sector,

2.

Exercise of simple ancillary activities under the responsibility and supervision of a person with a certificate of proof referred to in paragraph 1 of this Article,

3.

the use of plant protection products in the context of a training relationship under the guidance of a person with a proof of proof within the meaning of paragraph 1;

4.

Use of plant protection products for the prevention of wild animals by non-professional users.

(6) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in agreement with the Federal Ministries of Health, for Work and Social Affairs and for the Environment, Nature Conservation and Nuclear Safety, by means of a legislative decree. Approval of the Federal Council for more detailed rules on

1.

the nature and extent of the necessary technical knowledge and skills,

2.

the procedure for the detection thereof,

3.

the design of the proof of proof,

4.

Information requirements for holders of a certificate of proof,

5.

the recovery of the proof of proof of proof by persons who have been withdrawn or withdrawn in accordance with the provisions of paragraphs 3 or 4 of this Article,

6.

the conditions for recognition of continuing education and training measures referred to in paragraph 4, and

7.

on the nature and extent of the exercise of simple ancillary activities referred to in paragraph 5 (2)

(7) The State Governments shall be empowered to adopt legal orders under paragraph 6 in so far as the Federal Government makes no use of its power. The state governments can transfer this power to the supreme state authorities by means of a legal regulation.

Footnote

(+ + + § 9: For application, see Section 74 (6) + + +) Unofficial table of contents

§ 10 Display of advice and application

Those who use plant protection products for other, other than occasional neighbourhood aid, or who wish to advise others on plant protection for commercial purposes or in the context of other economic activities, have this to be the case for the company's headquarters. and to indicate the authority responsible for the place of activity prior to the start of the activity. The national governments are empowered to adopt by means of a regulation the more detailed rules on the display and the notification procedure. The state governments can transfer this power to the supreme state authorities by means of a legal regulation. Unofficial table of contents

§ 11 Recording and information requirements

(1) The records referred to in the first or second sentence of Article 67 (1) of Regulation (EC) No 1107/2009 may be kept in writing electronically or in writing. The head of an agricultural, forestry or gardening establishment is obliged to keep records for the farmed areas of his holding together with the respective user. (2) The time limits of the The first or second sentence of Article 67 (1) of Regulation (EC) No 1107/2009 to keep records shall be calculated from the beginning of the year following the date on which the recording is made. (3) The competent authority may, upon request, the existence of a legitimate interest and with due respect for the holding of the holding; and Business secrets of the recording, in individual cases, provide information on the records.

Section 4
Use of plant protection products

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Section 12 Rules relating to the use of plant protection products

(1) Plant protection products may be used individually or mixed with others only if they are approved, the authorisation does not rest, and only if they are not authorised.

1.

in the relevant application areas laid down in the authorisation,

2.

in accordance with the applicable application provisions laid down in the authorisation.

(2) Plant protection products shall not be used on fixed open-land areas and not on other open-land areas which are not used for agricultural or forestry or gardening applications. However, they must not be applied in or directly to the waters of above-ground waters and coastal waters. The competent authority may authorise derogations from the provisions of sentences 1 and 2 for the use of authorised plant protection products if the intended purpose is urgent and cannot be achieved in a different way with reasonable effort and expense. public interests, in particular the protection of human and animal health or the nature of the natural environment. The competent authority shall inform the Federal Office of Consumer Protection and Food Safety annually of the authorisations granted in accordance with the third sentence of the third sentence. (3) Plant protection products authorised only for use by professional users may not be allowed to: also, in the case of the second sentence of paragraph 2, shall be applied only by persons who, except in the cases referred to in Article 9 (5) (2) and (3), are knowledgeable within the meaning of Article 9 (1) sentence 1. Only plant protection products may be used in the house and small garden areas,

1.

are approved for use by non-professional users, or

2.

are approved for professional users and for which the Federal Office of Consumer Protection and Food Safety has determined the suitability for use in the home and small garden areas according to § 36 (1) sentence 2, point 3 or paragraph 2.

(4) An authorisation shall not be required for the application of

1.

Plant protection products, the application of which has been ordered in accordance with Article 6 (1) (3), (5) and (14) or in the first sentence of Article 7 (1), in conjunction with the second sentence of point 2 (b), in each case in conjunction with Section 8,

2.

substances or mixtures containing only approved basic substances within the meaning of Article 23 of Regulation (EC) No 1107/2009,

3.

Plant protection products for which an emergency authorisation has been granted in accordance with Article 53 of Regulation (EC) No 1107/2009,

4.

Plant protection products for which authorisation has been granted for experimental purposes in accordance with Article 54 of Regulation (EC) No 1107/2009.

Plant protection products which have been authorised under Article 53 or Article 54 of Regulation (EC) No 1107/2009 may be applied only in accordance with the application rules and application areas laid down in the authorisation. (5) By way of derogation from the first sentence of paragraph 1, a plant protection product whose authorisation has been completed by time-lapse or revocation at the request of the marketing authorisation holder, shall be allowed to continue within a period of 18 months from the date of the end of the authorisation; shall be applied. A plant protection product which has been placed on the market as a result of a distribution extension in accordance with § 30 may still be applied to the extent that the appropriate authorised plant protection product may still be applied in accordance with the provisions of the first or third sentence of this Article. In the case of a plant protection product for which a certificate of transport capability or a permit referred to in Article 52 of Regulation (EC) No 1107/2009 has been issued, the first sentence shall apply mutatily. The Federal Office of Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) is aware of the period of application for the plant protection product in the electronic Federal Gazette. (6) By way of derogation from the first sentence of paragraph 1, the authorised plant protection product may also be used an application area other than that determined by the authorisation, where the competent authority has granted a permit pursuant to Article 22 (2). Unofficial table of contents

Section 13 Rules relating to the restriction of the use of plant protection products

(1) Plant protection products must not be used, provided that the user is likely to have to consider that their use in individual cases

1.

harmful effects on human or animal health or on groundwater, or

2.

other significant adverse effects, in particular on the natural environment,

(2) In the application of plant protection products, it is prohibited to:

1.

to adjust wild live animals of the particularly protected species, to catch, injurate or kill them or to remove, damage or destroy their forms of development from nature,

2.

to significantly disrupt wild animals of the strictly protected species and European bird species during the reproduction, rearing, mouse, wintering and migration periods,

3.

to remove, damage or destroy the reproduction or resting places of the wild animals of the particularly protected species from nature,

4.

take wild plants of the protected species or their forms of development from nature, damage them or destroy them or destroy them.

A serious disturbance within the meaning of the first sentence of sentence 1 shall be provided if the disturbance of the condition of the local population of a species is worsening. The plant protection measures carried out in accordance with the principles set out in § 3 do not contravene the prohibitions referred to in the first sentence. To the extent specified in Annex IV to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7), as amended, of Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 206, 22.7.2009, p. 7), in the current version, sentence 3 applies only in so far as the conservation status of the local population of a species in its natural distribution area is not affected by the use of plant protection products. (3) The competent authority may order the measures necessary to comply with the requirements referred to in the first sentence of paragraph 1 and the first sentence of paragraph 2. (4) The competent authority may, on a case-by-case basis, further the provisions of the third sentence of the second sentence of paragraph 2, and 4. Exceptions to the prohibitions referred to in the first sentence of paragraph 2

1.

for the use of significant agricultural, forestry or other economic damage,

2.

on the protection of the indigenous flora and fauna,

3.

-for the purposes of research, teaching, education or resettlement, or measures of rearing or artificial reproduction for these purposes,

4.

in the interests of human health, public security, including the defence and protection of the civilian population, or the significant beneficial effects on the environment, or

5.

for other compelling reasons of overriding public interest, including those of a social or economic nature

. An exception to the first sentence may be authorised only if reasonable other possibilities are not given and the state of conservation of the populations concerned in the animal and plant species protected under the first sentence of paragraph 2 does not deteriorate, to the extent that Article 16 (1) of Directive 92/43/EEC does not contain more stringent requirements. Unofficial table of contents

§ 14 prohibitions

(1) The Federal Ministry of Food, Agriculture and Consumer Protection shall be authorized, in agreement with the agreement, to the extent necessary for the protection of human and animal health or for the protection of risks, in particular for the natural environment. the Federal Ministries of Economics and Technology and for Labour and Social Affairs and, in the case of the number 1, also with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety and the Federal Ministry of Health by means of a legal regulation with Approval of the Federal Council

1.

the importation, placing on the market, intra-Community movement and the use of certain plant protection products or of plant protection products containing certain substances,

a)

prohibit, restrict or make an authorisation subject to authorisation,

b)

depending on an ad,

2.

prohibit, restrict or make an authorisation or display subject to the use of plant protection products using specific equipment or procedures,

3.

prohibit, restrict or make an authorisation or display subject to the cultivation of certain plant species on land whose soils have been treated with certain plant protection products,

4.

the use of plants or plant products obtained on soils treated with certain plant protection products, to be banned, to be restricted or to be subject to an authorisation or notification, if not already the Food and Feed Code has been adopted in accordance with the relevant rules,

5.

prohibit, prohibit, restrict or make an authorisation or display subject to the release of plant protection products covered by a regulation referred to in point 1;

In so doing, it may be provided that the approval be granted by the Federal Office of Consumer Protection and Food Safety or that the notification is to be reimbursed to him. (2) Insofar as the application of the legal regulation referred to in paragraph 1 (1) of this Article shall be subject to In particular, the purpose, nature, time, place and procedure of the use of the plant protection product may be prescribed or prohibited, and the quantity and the time to be held after the application (3) An authorisation of a plant protection product the area of application shall not be excluded by the regulation referred to in paragraph 1 (1), unless the authorisation has previously been withdrawn or revoked with the order of immediate enforceability. If the withdrawal or revocation of the authorisation is repealed in an indisputable manner, the legal regulation shall no longer apply. (4) The State Governments shall be authorized to adopt legal orders referred to in paragraph 1 (2), to the extent that: Federal Ministry of Food, Agriculture and Consumer Protection does not make use of its power. The State governments may delegate this power to the supreme state authorities by means of a regulation. (5) It is prohibited to apply a plant protection product containing a substance or consisting of a substance, the application of which shall be governed by a Regulation Paragraph 1 (1) (a) shall be prohibited in its entirety or on the market in the Community. Unofficial table of contents

§ 15 Elimination of disposal

plant protection products,

1.

whose application is completely prohibited by a law pursuant to Article 14 (1) because of the existence of a particular substance or of the abstention of a particular substance, or

2.

containing an active substance which has not been included in Annex I to Directive 91 /414/EEC pursuant to an act of the European Community, the authorisation of which has not been renewed in accordance with Article 14 of Regulation (EC) No 1107/2009 or the authorisation of which has been repealed in accordance with Article 21 (3) of Regulation (EC) No 1107/2009 and for which the period of application referred to in Article 12 (5) has expired,

shall be removed without delay in accordance with the provisions of the Waste Management and Waste Act and the legal regulations adopted pursuant to the Law on Recycling And Waste Management. Unofficial table of contents

§ 16 Use of plant protection equipment

(1) Where a plant protection product is used with the aid of a plant protection product, this equipment may only be such that, in its intended and appropriate use, the use of the plant protection product shall not be harmful to the use of the plant protection product. Effects on human and animal health and on groundwater, as well as no other unjustifiable effects, in particular on the natural environment, which can be avoided according to the state of the art. (2) In the case of equipment which has a CE marking in accordance with Directive 2006 /42/EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95 /16/EC (recast version) (OJ L 136, 31.5.2006, p. 24), as last amended by Directive 2009 /127/EC (OJ L 157, 30.6.2009, p. 29), or in the case of equipment entered on the plant protection equipment list of the Julius Kühn Institute on 14 December 2011, it is presumed that the conditions laid down in paragraph 1 have been met. The competent authority may prohibit the use of a plant protection device if an examination of the equipment reveals that the conditions laid down in paragraph 1 are not met. (3) The authorisation of a plant protection product shall be subject to special conditions. Requirements for the plant protection equipment to be used may be applied only with plant protection equipment in which an examination by the Julius Kühn Institute or a recognised test centre pursuant to section 52 has shown that the plant protection equipment must be used for the purposes of: (4) The Federal Ministry of Food, Agriculture and consumer protection are authorized by law with the consent of the Federal Council, insofar as it is necessary to fulfil the purpose specified in § 1.

1.

To oblige the holder and the owner to have plant protection equipment in use be tested,

2.

prohibit the use of plant protection equipment which is not considered in accordance with point 1;

3.

to regulate the procedure for testing plant protection equipment in use.

In a legal regulation according to the first sentence of the first sentence, it may also be determined that parts of the plant protection device to be tested, which serve to protect the user or the traffic safety, must be included in the examination. (5) The national governments will be responsible for the authorized, in so far as it is necessary for the purpose referred to in paragraph 1 above, to adopt legal regulations pursuant to the first sentence of paragraph 4, first sentence, points 1 and 3, also in conjunction with the second sentence, provided that the Federal Ministry of Food, Agriculture and Food Consumer protection does not make use of its power. In doing so, they may also determine that the examination should be carried out by an officially recognised control unit or other control person, as well as the requirement for recognition, the loss of recognition and the procedure for the recognition of the Control workshops regulate. The national governments may, by means of a regulation, delegate this power to the supreme state authorities and in so doing determine that they continue to transfer their power to subordinate authorities under the law of the state or subordinate to their supervision. . Unofficial table of contents

Section 17 Application of plant protection products to land intended for the general public

(1) In addition to the provisions of § 12, only authorised plant protection products may be applied to land intended for the general public;

1.

which is authorised as a low-risk plant protection product in accordance with Article 47 of Regulation (EC) No 1107/2009,

2.

for which the Federal Office of Consumer Protection and Food Safety has established, in the context of an authorisation procedure, the suitability for use on land intended for the general public, or

3.

which, on the basis of its characteristics, has been approved by the Federal Office of Consumer Protection and Food Safety for the application on land intended for the general public, in accordance with the procedure referred to in paragraph 2.

Areas intended for the general public include, in particular, public parks and gardens, green spaces in publicly accessible buildings, publicly accessible sports grounds including golf courses, school grounds and kindergarten grounds, The Federal Office for Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) authorises plant protection products referred to in paragraph 1 (3), in consultation with the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency, if

1.

there is a public interest in the application; and

2.

an examination reveals that, because of its chemical properties, the plant protection product does not have any harmful effects on the general public when used in a proper and appropriate manner.

The authorisation may apply to the marketing authorisation holder:

1.

the use of plant protection products for commercial purposes or in the context of other economic activities,

2.

legal persons whose members are persons referred to in point 1;

3.

Official and scientific bodies active in the fields of agriculture, horticulture or forestry, or

4.

Owners or owners of land within the meaning of paragraph 1.

If the applicant is not the marketing authorisation holder, the authorisation holder must be consulted before the decision is taken. (3) The authorisation of the plant protection product or the authorisation referred to in paragraph 2 may apply to all areas of the general public. shall be granted, or shall be limited to certain areas. If it is necessary to comply with the requirements set out in the first sentence, the Federal Office of Consumer Protection and Food Safety shall lay down different application provisions and requirements from the approval of the plant protection product. The Federal Office of Consumer Protection and Food Safety publishes a publication in the Federal Gazette (Bundesanzeiger) or in the electronic Federal Gazette (Bundesanzeiger) in the Federal Gazette (Bundesanzeiger) or in the electronic Federal Gazette (Bundesanzeiger). List of plant protection products for which a permit for application to land intended for the general public has been granted. (5) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to: Ordinance without the consent of the Federal Council in agreement with the Federal Ministries of Economy and Technology, Environment, Nature Conservation and Nuclear Safety and Labour and Social Affairs General requirements for plant protection products for use on land intended for the general public, and the approximate details of the procedure referred to in paragraph 2. (6) In the event of a risk of default, the competent authority may authorise derogations from the first sentence of paragraph 1 if measures are taken to prevent any danger to the general public. The competent authority shall inform the Federal Office of Consumer Protection and Food Safety of the authorisation granted in accordance with the first sentence. Unofficial table of contents

Section 18 Application of plant protection products with aircraft

(1) The use of plant protection products by aircraft without authorisation as referred to in paragraph 2 shall be prohibited. (2) The competent authority may, on request, use a plant protection product with an aircraft in accordance with the provisions of sentence 2 and the (3) and (4) in so far as there are no comparable other possibilities for an effective application or where the application of aircraft to the application from the ground provides clear advantages in the sense of a lower impact on the application of the human health or the natural household. Authorisation shall only be granted for the control of harmful organisms

1.

in winegrowing in steep slopes,

2.

in the crown area of forests.

The competent authority shall combine the authorisation with the requirements necessary to ensure the proper and appropriate application, including the protection of residential areas. The authorization shall be revoked if one of the conditions for the grant is subsequently omitted; moreover, § § 48 and 49 of the Administrative Procedure Law shall remain unaffected. (3) In addition to the provisions of § 12, a the authorisation referred to in paragraph 2 shall be granted only for the use of a plant protection product;

1.

which has been approved by the Federal Office of Consumer Protection and Food Safety in the context of an authorisation procedure also for use with aircraft, or

2.

which has been approved by the Federal Office for Consumer Protection and Food Safety in respect of the use of aircraft in accordance with the procedure laid down in paragraph 4.

(4) The Federal Office for Consumer Protection and Food Safety authorises plant protection products as referred to in paragraph 3, point 2, on request in consultation with the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency, if an examination shows that the plant protection product, on the basis of its characteristics, is not harmful to human or animal health or to groundwater, even when used with aircraft, when used in accordance with its intended use and in accordance with its intended purpose; and no other non-justifiable effects on the natural budget . If it is necessary to comply with the requirements set out in the first sentence, the Federal Office of Consumer Protection and Food Safety shall lay down different application provisions and requirements from the approval of the plant protection product. (5) The authorisation may apply in addition to the authorisation holder:

1.

the use of plant protection products for commercial purposes or in the context of other economic activities in an agricultural, horticultural or forestry sector,

2.

legal persons whose members are persons referred to in point 1; or

3.

Official and scientific bodies active in the fields of agriculture, horticulture or forestry.

If the applicant is not the authorisation holder of the plant protection product, it must be heard before the decision on the authorisation of the marketing authorisation holder. (6) The Federal Office of Consumer Protection and Food Safety published in the Federal Gazette or in the electronic Federal Gazette (Bundesanzeiger), a list of plant protection products for which a permit has been granted for use with aircraft. (7) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to Ordinance with the consent of the Federal Council in agreement with Federal Ministries of Economy and Technology, Environment, Nature Conservation and Nuclear Safety, and Labour and Social Affairs

1.

the requirements

a)

to plant protection products for use with aircraft,

b)

to the application with aircraft,

c)

to the devices to be used, and

2.

the details of the conditions, content and procedures of an authorization referred to in paragraphs 2 or 4

(8) The competent authorities shall inform the Federal Office of Consumer Protection and Food Safety

1.

at the end of the year on the authorisations granted, in particular on the application, the frequency of the application, the rate of application per area, the date of application, the size of the application area and the conditions laid down, and

2.

immediately on knowledge, which provides evidence of risks to human and animal health or the natural environment.

Unofficial table of contents

Section 19 Application or use of plant protection products treated with plant protection products, planting material or cultivation substrate

(1) Seeds, propagating material or cultivation substrates containing a plant protection product or which are liable to a plant protection product may be applied or used only if:

1.

it may be lawfully placed on the market at the time of application or use in accordance with section 32, in conjunction with a regulation pursuant to § 32 (4), or

2.

it has been treated with a plant protection product or a plant protection product which may still be used in accordance with section 12 (5).

The application or use must not be carried out if the supplier or user has to reckon with the fact that the application or use in individual cases

1.

harmful effects on human and animal health or on groundwater, or

2.

other non-justifiable effects, in particular on the natural environment,

(2) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in so far as it is necessary for the protection of human and animal health or for the protection of significant risks, in particular for the natural environment, by: Regulation, with the consent of the Bundesrat, to lay down more detailed rules on the use or application of seeds, planting material or the cultivation substrate treated with a plant protection product or to which a plant protection product is liable. Unofficial table of contents

§ 20 experimental purposes

(1) An unauthorised plant protection product may be introduced, placed on the market or applied to open-air areas for experimental purposes only if the Federal Office for Consumer Protection and Food Safety, the Intra-Community movement, placing on the market or the application referred to in Article 54 of Regulation (EC) No 1107/2009. Authorisation may be granted for a trial programme. The first sentence shall also apply to tests with authorised plant protection products in non-authorised areas of application, including the use of aircraft, or in contraindications to the conditions of application laid down in the authorisation, where an application is made shall be made on open land. The Federal Office of Consumer Protection and Food Safety shall inform the competent authorities of the countries of the authorisations or advertisements issued in accordance with the third sentence of paragraph 3. The start of the trial is to be reported to the competent authority of the country in question. (2) The Federal Office for Consumer Protection and Food Safety grants the approval, unless the experiment or the experimental programme does not include any harmful effects on the health of humans and animals or other unjustifiable effects on the natural environment. The Federal Office of Consumer Protection and Food Safety will revoke the authorisation if the conditions for approval are subsequently eliminated. In addition, § § 48 and 49 of the Administrative Procedure Act remain unaffected. (3) A permit referred to in paragraph 1 shall not be required for tests carried out by the competent authorities of the countries or the Julius Kühn Institute or on their behalf in the Within the framework of the tasks conferred upon them by this Law or by the Regulations adopted pursuant to this Act. A marketing authorisation referred to in paragraph 1 shall also not be required where the manufacturer of a non-authorised plant protection product or on the behalf of a third party applies the plant protection product to open-air areas for experimental purposes. In the cases referred to in the second sentence, the manufacturer shall be obliged to carry out the test procedure or the test programme, indicating the plant protection product to be used and the test site at the latest one month before the start of the Federal Office for Consumer protection and food safety. The Federal Office of Consumer Protection and Food Safety may prohibit the conduct of the experiment in whole or in part if the facts justify the assumption that the conduct of the experiment will cause adverse effects on the (4) Attempts with non-authorised plant protection products in which these plant protection products are not applied on open land shall be permitted only in such a way as to ensure that the , the application shall not have any harmful effects on the health of humans and animals or of groundwater, and no other unjustifiable effects, in particular on the natural environment. The competent authority may prohibit, in whole or in part, the use of plant protection products for experimental purposes if the facts justify the assumption that the person applying plant protection products for experimental purposes shall have the necessary conditions for the use of plant protection products. It does not possess the reliability or the required technical knowledge or skills. If you wish to carry out tests with non-authorised plant protection products, you must notify the competent authority of the country in question before taking up the activity, indicating the test site. (5) The Federal Ministry of Food, Agriculture and consumer protection is authorized, in agreement with the Federal Ministries of Economics and Technology, for Labour and Social Affairs and for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council

1.

More detailed information on the authorisation procedure referred to in paragraph 1 or the notification procedure referred to in paragraph 3, in particular on the nature and extent of the particulars and documents to be submitted, and

2.

the more detailed requirements for use for experimental purposes

to the rules. Unofficial table of contents

Section 21 Collection of data on the use of plant protection products

(1) The Julius Kühn Institute is responsible for the collection of data in a non-personal form on the use of plant protection products and produces statistics for the fulfilment of the requirements of Annex II to Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ C 139, 30.4.2009, p. OJ L 324, 10.12.2009, p. 1). The competent authorities of the countries are involved in the surveys. The data collected in accordance with the first sentence may only be used for the fulfilment of the obligations under Article 3 (2) in conjunction with Annex II to Regulation (EC) No 1185/2009 and for the review of the measures taken in accordance with the action plan referred to in Article 4. § 63 is not applicable. (2) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to regulate the content and form of the surveys by means of a legal regulation with the consent of the Federal Council. (3) The Julius Kühn Institute makes the Evaluation of the surveys in the Federal Gazette or in the electronic Federal Gazette. It shall send the results to the competent services of the European Commission in accordance with Article 3 (2) of Regulation (EC) No 1185/2009. Unofficial table of contents

Section 22 Further national powers

(1) powers of countries,

1.

provisions to be adopted,

a)

the use of plant protection products in protected areas under water or nature protection legislation, in particular taking into account the objectives of Article 12 (b) of Directive 2009 /128/EC,

b)

Details of the use of plant protection products in surface waters or coastal waters, or

2.

provisions to be adopted in order to:

a)

the use of plant protection products by means of certain equipment or procedures, or

b)

the cultivation of certain plant species on land whose soils have been treated with certain plant protection products, and the use of certain plants or plant products obtained there

to be banned, restricted or subject to authorisation or notification,

(2) The competent authority may, in accordance with the conditions laid down in Article 51 (1) and (2) of Regulation (EC) No 1107/2009, on a case-by-case basis, authorise the use of an authorised plant protection product in a Member State other than the one with the authorisation be approved if:

1.

the application is provided for

a)

to plants cultivated only to a small extent, or

b)

against harmful organisms, which cause serious damage only in certain areas,

and

2.

the intended use of those in an area of application as set out in the authorisation.

The authorisation may apply to the marketing authorisation holder:

1.

the use of plant protection products for commercial purposes or in the context of other economic activities in an agricultural, horticultural or forestry sector,

2.

Legal persons whose members are persons in accordance with point 1.

Authorisation may not be granted for the treatment of seed unless the treated seed is to be used exclusively in its own holding. (3) A permit referred to in paragraph 2 for the purpose of the use of the plant protection product Plants and plant products from which food can be obtained may only be granted if:

1.

for the residues of the plant protection product in or on foodstuffs of plant origin to be expected in accordance with their intended and appropriate use, a maximum level as laid down in Regulation (EC) No 396/2005 of the European Parliament and of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91 /414/EEC (OJ L 139, 30.4.2005, p. 1), as amended or the maximum residue limit regulation, has been fixed, and

2.

the foodstuffs obtained from these plants or plant products contribute only to a small extent to the daily consumption of the food.

(4) Before granting authorisation, the Federal Office of Consumer Protection and Food Safety shall be given the opportunity to deliver an opinion. (5) The authorisation shall be:

1.

the necessary requirements for the protection of human and animal health and the protection against other harmful effects, in particular on the natural environment, and

2.

the reservation of the revocation

to connect. The approval is on a temporary basis. The time limit shall not exceed the duration of the authorisation of the plant protection product. The authorisation shall be based on the withdrawal of the authorisation of the plant protection product. (6) The competent authorities shall inform the Federal Office of Consumer Protection and Food Safety at the end of each quarter of the following year. Authorisations and their number and content by setting the information in a database provided by the Federal Office for Consumer Protection and Food Safety for this purpose. Accordingly, the competent authorities shall inform the competent authorities of the withdrawal or revocation of any authorisations granted. The competent authorities shall immediately inform the Federal Office of Consumer Protection and Food Safety of any evidence of risks to human and animal health and to the nature budget.

Section 5
Levy, return and export of plant protection products

Unofficial table of contents

Section 23 levy of plant protection products

(1) Plant protection products which are authorised only for professional use may only be made if the acquirer has a proof of proof of proof within the meaning of Section 9 (1). The person who makes a plant protection product, which is only authorised for use by professional users, has to be able to submit to the purchaser the proof of proof of the facts. (2) Plant protection products must not be supplied by vending machines. or by other forms of self-service. The provisions relating to the supply of dangerous substances or preparations, which have been adopted pursuant to Article 17 (1) (1) (a) and (c) of the Chemicals Act, shall apply mutatily to the supply of plant protection products. (3) Disposal of plant protection products shall inform the donor of the intended and appropriate use of the plant protection product, in particular prohibitions and restrictions. (4) In the case of the supply of plant protection products, non-professional users shall, in addition, provide general information to the donor The risks of the use of plant protection products for humans, animals and the natural environment are available. The general information shall take into account, in particular, the user protection, the appropriate storage, handling and application as well as the safe disposal in accordance with the waste legislation and the possibilities of plant protection with a low level of protection. Risk. Where the delivery is effected by mail order, the information referred to in the first and second sentences and the third paragraph shall be communicated or made available before the delivery. (5) The competent authority shall be responsible for the supply of plant protection products in trade Prohibit, in whole or in part, for a period of up to five years, and withdraw the proof of proof according to Article 9 (3), if the donor repeats the provisions of this Act, the legal regulations issued pursuant to this Act or directly applicable in the area covered by this law Acts of the European Community or of the European Union.

Footnote

(+ + + § 23 (1): For application, see Section 74 (7) + + +) Unofficial table of contents

Section 24 Display obligation on the supply of plant protection products

(1) Those who wish to place plant protection products on the market for commercial purposes or in the context of other economic activities, or who wish to introduce them for commercial purposes or who wish to spend their work within the Community, shall be responsible for the operation of plant protection products for the purposes of the place of activity, in the case of importation of the competent authority responsible for the place of business or establishment of the right of disposal before commensuration of the activity, indicating the name, address and telecommunications data of the authority . The national governments are empowered to adopt by means of a regulation the more detailed rules on the display and the notification procedure. The State governments may delegate this power to the supreme state authorities by means of a legal regulation. (2) Those who, for commercial purposes or in the context of other economic activities, place the placing on the market, the intra-communal transfer or the importation of plant protection products in or into the territory of the country, or which provides aid for the importation or intra-Community introduction of plant protection products, has been provided by the Federal Office for Consumer Protection and Consumer Protection Food safety prior to commensuration of the activity, indicating its name, of its address and its telecommunications data. The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to enact the more detailed rules on the display and the display procedure by means of a regulation without the consent of the Bundesrat. The Federal Office of Consumer Protection and Food Safety provides the list of received notifications to the authorities responsible under national law for the performance of their tasks in accordance with § 59. Unofficial table of contents

Section 25 Export

(1) Unless otherwise provided for in other legislation, plant protection products may be exported for commercial purposes or in the context of other economic activities to other than Member States only if:

1.

The name of the plant protection product, the active substances by type and quantity and the expiry date for plant protection products with a maximum length of time, in clearly visible, easy-to-read letters, on the containers and ready-to-be-ready packs. for two years, and

2.

the containers and the ready-to-release packages are accompanied by a instructions for use with information on:

a)

the intended and appropriate application;

b)

possible harmful effects on human and animal health and on the natural environment,

c)

precautionary measures and emergency measures in the event of accidents,

d)

the proper disposal or neutralisation.

In addition, international agreements, in particular the Code of Conduct for the placing on the market and the use of plant protection and pesticides by the Food and Agriculture Organisation of the United Nations, are subject to international agreements. (2) holders and owners of plant protection products intended for export, which are:

1.

are not authorised in accordance with the provisions of Regulation (EC) No 1107/2009, or

2.

are not marked in accordance with Article 31 (2),

shall be obliged to keep them separate from the plant protection products designated for the application within the scope of this Act and to make them certified accordingly. The number 2 of the first sentence shall apply mutatily to cultural substrates for which the marking has been prescribed in a regulation pursuant to Article 31 (6) (5). (3) The Federal Ministry of Food, Agriculture and Consumer Protection will be authorized, as far as this

1.

on the implementation of legal acts of the European Community or of the European Union, or

2.

for the prevention of significant risks to human or animal health or other hazards, in particular for the natural environment, which are not to be lifted in any other way;

is required, in agreement with the Federal Ministries of Economics and Technology, for Labour and Social Affairs, for the Environment, Nature Conservation and Nuclear Safety, and for Economic Cooperation and Development, by means of a legal regulation with the consent of of the Federal Council to prohibit or restrict the export of certain plant protection products or of plant protection products containing certain substances to states outside the European Union or to make it subject to a permit or notification. Unofficial table of contents

Section 26 Separate storage

Holders and holders of food, feed, seed, plant or culture substrate intended for export and which have been treated with plant protection products, the placing on the market of which pursuant to Article 29 (1), first sentence In the case of foodstuffs, feedingstuffs, seeds, planting material or the cultivation substrate intended for the purpose of placing on the market in the territory of the country concerned, it is obliged to keep them separate from them and to make them appropriately marked. Unofficial table of contents

Section 27 Return of plant protection products

(1) Upon completion of the authorisation of a plant protection product, its return shall be

1.

the marketing authorisation holder,

2.

the importer or its representative, or

3.

to a third party commissioned by persons referred to in points 1 or 2

allowed. The Federal Office for Consumer Protection and Food Safety is to order the return of a plant protection product if the authorisation is withdrawn, revoked or after the expiry of the authorisation. noted that the conditions would have been met for withdrawal or revocation. The marketing authorisation holder, the importer and his/her representative shall be obliged to accept returned plant protection products in the case of the first sentence of sentence 1. (3) In the event of withdrawal or revocation pursuant to § 49 (2) sentence 1, points 3 to 5 The Administrative Procedure Act also allows the return to a holding which places plant protection products on the market for commercial purposes. If the Federal Office of Consumer Protection and Food Safety orders the return in such a case, this establishment is obliged to accept returned plant protection products without delay. (4) The Federal Ministry of Food, Agriculture and consumer protection are authorized, in agreement with the Federal Ministries of Economics and Technology and for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Council for details of the To regulate the return and the withdrawal and to determine who the costs of the (5) The Federal Office of Consumer Protection and Food Safety shall inform the competent authorities of the reasons for the withdrawal, the revocation or the determination that the conditions for withdrawal shall be met by the competent authorities. or would have had a revocation.

Section 6
Placing of plant protection products on the market, authorisation procedure

Unofficial table of contents

Section 28 Marketing of plant protection products

(1) Without prejudice to Article 28 of Regulation (EC) No 1107/2009, a plant protection product shall also be considered to be authorised for which an authorisation has been granted in accordance with Article 52 of Regulation (EC) No 1107/2009. (2) A plant protection product which does not cover any of the following: other Member States of the European Union or any State Party to the Agreement on the European Economic Area in accordance with the requirements of Council Directive 91 /414/EEC of 15 July 1991 concerning the placing of plant protection products on the market 1. 1) or in accordance with Article 29 of Regulation (EC) No 1107/2009, it is not considered to be authorised even if it is in accordance with a plant protection product authorised in Germany. (3) An authorisation in accordance with the Regulation (EC) No 1107/2009 by the Federal Office of Consumer Protection and Food Safety is not required

1.

for plant protection products intended for export to a third country or which are in non-Community goods under customs control,

2.

for plant protection products intended for the movement to another Member State, where the plant protection product is authorised in the other Member State, or where the plant protection product is authorised in accordance with Articles 52, 53 or 54 of Regulation (EC) No 1107/2009, and the right or owner of the right to dispose of it,

3.

for substances and mixtures consisting exclusively of basic substances within the meaning of Article 23 of Regulation (EC) No 1107/2009,

4.

for plant protection products, for which an experimental authorisation has been granted in accordance with § 20.

(4) By way of derogation from the first sentence of paragraph 1, a plant protection product whose authorisation has been terminated by time-lapse or revocation at the request of the marketing authorisation holder and which is already in free circulation at the time of the end of the authorisation shall continue to be placed on the market within a period of six months from the date of the end of the authorisation. The first sentence shall apply to plant protection products which are placed on the market as a result of an authorization pursuant to Article 52 of Regulation (EC) No 1107/2009. Unofficial table of contents

§ 29 placing on the market in special cases

(1) The Federal Office of Consumer Protection and Food Safety may authorise the placing on the market, the intra-Community introduction and the use of non-authorised plant protection products

1.

, under the conditions laid down in Article 53 of Regulation (EC) No 1107/2009, or

2.

for use in the case of infestation intended for export, provided that they are subject to different requirements in the country of destination, or where the plant protection products are authorised in the country of destination for that application,

for a given quantity and for a certain period of time which, in the case of point 1, may not exceed a period of 120 days. It shall include the fields of application and the application provisions necessary for the protection of human and animal health and the protection against other harmful effects, in particular on the natural environment, including those relating to: the persons entitled to use it, and to lay down the conditions required. The approval may be associated with the reservation of the revocation. It can be re-issued. In the case of point 1 of the first sentence, an authorised plant protection product may also be authorised for an area of application which is not subject to authorisation. (2) The national governments may, by means of a regulation, supplement the provisions of the Regulation. Rules for the use of a plant protection product for which a marketing authorisation has been granted in accordance with the first sentence of paragraph 1, point 1, in order to ensure that the plant protection product is used in accordance with its intended purpose. In the case of the first sentence of the first sentence of paragraph 1, the approval in consultation with the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Institute for Risk Assessment, shall be transferred to the national authorities. granted to the Federal Environment Agency. Unofficial table of contents

Section 30 The placing of plant protection products on the market under deviant names

(1) A plant protection product which is authorised in Germany may also be placed on the market by other than the marketing authorisation holder on the basis of an agreement with this (sales extension) under a different name. The holder of the authorisation shall have the conclusion and the period of validity or the end of the agreement, indicating the name, address of the person concerned and the deviating name under which the plant protection product shall be placed on the market by the person entitled to should be notified without delay to the Federal Office for Consumer Protection and Food Safety. The Federal Office for Consumer Protection and Food Safety gives a distribution number for the plant protection product which is placed on the market as a result of a distribution expansion. (2) In the case of paragraph 1, the plant protection product may only be used in The Federal Office of Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) is responsible for the transport of goods, if it is also identified in accordance with the provisions of § 31 (1) and (2) in conjunction with a regulation pursuant to § 31 (6). Plant protection products which are placed on the market as a result of a sales expansion , their name, the name of the authorised plant protection product, the name and number of the authorised plant protection product and the period of validity or the end of the distribution extension in the Federal Gazette or in the electronic Federal Gazette (Bundesanzeiger). (4) A plant protection product placed on the market on the basis of a distribution extension may still be placed on the market, provided that the appropriate authorised plant protection product may still be placed on the market in accordance with Section 28 (4). Unofficial table of contents

§ 31 Labelling

(1) The provisions of § § 13 and 14 of the Chemicals Act on labelling are

1.

to the placing on the market or intra-Community transfers of plant protection products which are not substances or mixtures within the meaning of Section 3 (1) or (4) of the Chemicals Act,

2.

to the placing on the market or intra-Community transfers of plant protection products, including by distribution operators,

(2) Plant protection products may only be placed on the market or transported within the Community if, in addition to the marking in accordance with Articles 13 and 14 of the Chemicals Act, on the containers and ready-to-be-finished products Packings in German and in clearly visible, easily legible font indelible, as defined in Annex I to Commission Regulation (EU) No 547/2011 of 8 June 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 8 June 2011 on the implementation of Regulation (EC) No 1107/2009 Parliament and the Council as regards the labelling requirements for Plant protection products (OJ C 176) should be provided for. The information required in Annex I (1) (h), (i), (i), (m) and (u) of Regulation (EU) No 547/2011 shall be clearly separated from the rest under the heading "Application areas and provisions set by the authorisation authority" (3) The provisions of paragraphs 1 and 2 shall not apply with regard to the importation or intra-Community introduction of a plant protection product by the manufacturer or distributor. (4) Paragraph 2 shall not apply to: Plant protection products intended for export or, in the case of imports, of a free port or non-Community goods under customs control. (5) It is prohibited to produce, to spend or to place on the market plant protection products within the Community,

1.

are mismarked with regard to their identity or origin; or

2.

are otherwise provided with a misleading description, indication or presentation.

In particular, misleading information shall be provided if the impression is erroneously given that it is an authorised plant protection product or a plant protection product for which a parallel trade permit has been granted. (6) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in agreement with the Federal Ministries of Labour and Social Affairs and for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation with the consent of the Federal Ministry of Food, Agriculture and The Federal Council, in so far as it is necessary for the fulfilment of the purposes set out in § 1,

1.

to determine the content of the information referred to in paragraph 2,

2.

to require, in addition to the particulars referred to in paragraphs 1 and 2, certain further information to be affixed to containers and ready-to-dispatch packages and to determine their content,

3.

the nature and form of labelling;

4.

to prescribe the use of certain containers, packages or packaging materials and to regulate the closure of the containers or packages, including the security of the closure, or

5.

to the placing on the market of any crop containing plant protection products or to plant protection products to prescribe a specific labelling.

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Section 32 The placing on the market of seeds treated with plant protection products, planting material or culture substrate

(1) Seeds, planting material and crop substrates containing plant protection products, or which are liable to plant protection products, may be transported or placed on the market only if the plant protection products are

1.

have been authorised in Germany for this area of application or may still be used in accordance with Section 12 (5); or

2.

in another Member State or a State Party to the Agreement on the European Economic Area, in accordance with the provisions of Article 4 (1) (b) to (e) of Directive 91 /414/EEC, or in accordance with the provisions of Regulation (EC) No 1107/2009 for this area of application.

(2) The seed referred to in paragraph 1 may be shipped or placed on the market only if it is identified in addition to the saatgood requirements referred to in Article 49 (4) of Regulation (EC) No 1107/2009. Where specific requirements exist for the seed in question under a Regulation adopted in accordance with paragraph 4, it may be brought or placed on the market only if these requirements are met. (3) a plant protection product authorised in Germany, or an authorisation to be withdrawn because the conditions for authorisation are no longer satisfied, may also include seeds, propagating material or the culture substrate used with that plant protection product or a plant protection product; Plant protection products containing the same active substance have been treated is not placed on the market. This shall not apply if the revocation of the authorisation is effected at the request of the marketing authorisation holder. (4) The Federal Ministry of Food, Agriculture and Consumer Protection shall be authorized to the extent that it is intended to protect the health of humans and animals or to protect the health of animals. Protection against significant risks, in particular for the natural household, is required, by means of a regulation with the consent of the Federal Council, the placing on the market or the import of seeds, propagating material or culture substrate, which is used with a plant protection product. or to which a plant protection product has been attached,

1.

, to prohibit, restrict,

2.

be subject to approval or notification, or

3.

be made subject to labelling, in particular those relating to the plant protection product which is to be adhered or contained, to the active substance and to the quantity of application, and to regulate the manner in which the labelling is labelled,

provided that the European Commission has not previously adopted a scheme in accordance with Article 49 (2) of Regulation (EC) No 1107/2009. Unofficial table of contents

Section 33 Responsibility for the authorisation of plant protection products

(1) The Federal Office of Consumer Protection and Food Safety is responsible for

1.

the authorisation of a plant protection product in accordance with Article 29 of Regulation (EC) No 1107/2009,

2.

the provisional authorisation of a plant protection product pursuant to Article 30 of Regulation (EC) No 1107/2009,

3.

the mutual recognition of the authorisation of a plant protection product in accordance with Article 40 of Regulation (EC) No 1107/2009,

4.

the renewal of the authorisation of a plant protection product in accordance with Article 43 of Regulation (EC) No 1107/2009,

5.

the repeal or amendment of the authorisation of a plant protection product pursuant to Article 44 of Regulation (EC) No 1107/2009,

6.

the repeal or amendment of the authorisation of a plant protection product pursuant to Article 45 of Regulation (EC) No 1107/2009,

7.

the authorisation of low-risk plant protection products in accordance with Article 47 of Regulation (EC) No 1107/2009,

8.

the authorisation of a plant protection product containing a genetically modified organism, in accordance with Article 48 of Regulation (EC) No 1107/2009, and

9.

the extension of the authorisation of a plant protection product in accordance with Article 51 of Regulation (EC) No 1107/2009.

If the Federal Office for Consumer Protection and Food Safety has submitted an application pursuant to Article 51 of Regulation (EC) No 1107/2009, authorisation of the plant protection product concerned shall be extended. (2) The Federal Office for Consumer Protection and Consumer Protection Food safety is responsible for cooperation with the authorities responsible for the authorisation of other Member States and for the transmission of information to them, in so far as a corresponding obligation to provide information is provided for in Regulation (EC) No 1107/2009, which provides for the participation in audits of Applications for authorisation by other Member States and the submission of opinions pursuant to Articles 35 and 36 of Regulation (EC) No 1107 /2009. (3) The Federal Office for Consumer Protection and Food Safety shall, within the limits of its powers, be responsible for: Paragraph 1 shall also be responsible for:

1.

the preparation of a proposal for the inclusion of an additive in Annex III to Regulation (EC) No 1107/2009, in accordance with Article 27 of Regulation (EC) No 1107/2009,

2.

the exemption from the second applicant for the submission of the studies referred to in Article 34 of Regulation (EC) No 1107/2009,

3.

a comparative assessment in accordance with Article 50 of Regulation (EC) No 1107/2009, if the plant protection product contains an active substance approved as a candidate for substitution in the active substance test,

4.

the granting of data protection in accordance with Article 59 of Regulation (EC) No 1107/2009,

5.

the drawing up of a list referred to in Article 51 (8) and the lists provided for in Article 60 of Regulation (EC) No 1107/2009,

6.

the examination as to whether the information referred to in Article 61 of Regulation (EC) No 1107/2009 can be communicated.

(4) The Federal Office for Consumer Protection and Food Safety shall publish a descriptive list of authorised plant protection products containing information on the characteristics and characteristics of the plant protection products, in particular, the suitability of the plant protection products for certain fields of application, soil and climatic conditions and the application in the home and small garden areas, and the date on which the authorisation of the plant protection products ends. The Federal Office of Consumer Protection and Food Safety makes the withdrawal, the revocation, the legal basis of the respective revocation or the revocation of the authorisation as well as an order in accordance with § 27 (2) in the Federal Gazette or in the electronic Federal Gazette. Unofficial table of contents

§ 34 participations

(1) The Federal Office for Consumer Protection and Food Safety shall decide on the authorisation in the cases referred to in Article 33 (1) (1), (2), (3), (4), (7) and (8) and in the case referred to in Article 33 (1) (6), provided that it is a supplement to the existing authorisation,

1.

in consultation with the Federal Institute for Risk Assessment with regard to human and animal health, the prevention of health damage caused by soil contamination, and the methods of analysis for residues referred to in Article 29 (1) Point (g) of Regulation (EC) No 1107/2009.

2.

in consultation with the Julius Kühn Institute, in respect of the effectiveness, untreachable effects on the plants, plant products and honeybees to be protected, as well as with regard to avoidable suffering and pain in vertebrate animals, to which the control of plant protection products is provided for, and

3.

, in agreement with the Federal Environment Agency, with regard to the prevention of damage caused by the pollution of the natural environment and the waste of the plant protection product.

If an authorisation report is to be drawn up in accordance with the provisions of Regulation (EC) No 1107/2009, the Federal Office of Consumer Protection and Food Safety shall draw up the approval report on the basis of the evaluation reports of the Federal Institute for Risk assessment, the Julius Kühn Institute and the Federal Environment Agency. (2) In the cases of § 33 (1) (1), (2), (4), (7) and (8), and in the case of § 33 (1) (6), Germany is in the cases of supplementing the existing authorisation. , a Member State which is not a Member State, and shall be given the opportunity to the Federal Office for Consumer Protection and Food Safety shall give the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency the possibility, within the limits of their competence under paragraph 1, of: (3) In the case of Section 33 (1) (9), the Federal Office for Consumer Protection and Food Safety (Bundesamt für Consumer Protection and Food Safety) shall request the following: Ratings for:

1.

an evaluation of the Julius Kühn Institute with regard to the small scale and public interest,

2.

an evaluation by the Federal Institute for Risk Assessment with regard to the health of users, workers and persons present, as far as required by the application area requested and with regard to the maximum residue levels, if such

a)

pursuant to Regulation (EC) No 396/2005, or

b)

according to the maximum residue quantitative regulation of 1 September 1994 (BGBl. 2229), as amended in each case

must be raised. When lowering a maximum residue level, an opinion of the Federal Institute for Risk Assessment can be obtained.

(4) In the case of § 33 (3) (1), the Federal Office of Consumer Protection and Food Safety decides on the basis of the evaluation reports of the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency. In the case of § 33 (3) (3), the Federal Office of Consumer Protection and Food Safety may, within the framework of the evaluation report in accordance with § 33 (1), an opinion of the Federal Institute for Risk Assessment, the Julius Kühn-Institute and the Federal Institute for Food Safety and Food Safety (5) The Federal Office of Consumer Protection and Food Safety can set a deadline for the submission of assessments or opinions if this is necessary for the purpose of submitting a deadline by Regulation (EC) No 1107/2009. to comply with the deadline. Unofficial table of contents

Section 35 Basics of the procedures for the authorisation of a plant protection product

(1) During the examination of an application, including in the mutual recognition procedure, on authorisation, extension or any other modification of the authorisation of a plant protection product, the active substance of which is authorised in accordance with Article 4 of Regulation (EC) No 1107/2009 (2) When examining an application for the authorisation of a plant protection product, in accordance with Articles 29 or 30 of the Regulation, (EC) No 1107/2009 are those referred to by the European Commission in accordance with Article 77 of the Regulation (EC) No 1107/2009 should be complied with. Unofficial table of contents

Section 36 Supplementary provisions for the content of the authorisation

(1) In addition to the provisions laid down in Article 31 (2) and (3) of Regulation (EC) No 1107/2009, the Federal Office of Consumer Protection and Food Safety may, in addition to the provisions laid down in Article 31 (2) and (3), apply in particular to Human and animal health and the protection against other harmful effects, in particular on the natural environment, including those relating to:

1.

the distance and measures necessary for the application, in the case of appropriate and intended use, for the protection of waters,

2.

the persons entitled to use it, and

3.

specific risk reduction measures in certain areas

. In addition, the Federal Office for Consumer Protection and Food Safety (Bundesamt für Consumer)

1.

the nature of the packaging,

2.

the suitability of the plant protection product for non-professional users, taking into account in particular the properties of the active substances, the dosage capacity, the form of use and the size of the packaging, or

3.

the suitability of the plant protection product for use on land within the meaning of Article 12 (3), second sentence, point 2 and section 17 (1)

(2) The Federal Office of Consumer Protection and Food Safety can, upon request, stipulate that a plant protection product authorised for professional users should also be used in the home and small garden areas due to its properties. , in so far as the plant protection product authorised for professional users differs from a plant protection product authorised for non-professional users only by means of a pack size or pharmaceutical form. (3) The Federal Office for Consumer protection and food safety links the authorisation with the Minor provisions, in particular obligations which:

1.

for the intended and appropriate use, and

2.

on the protection of human and animal health and the protection against other significant adverse effects, in particular for the natural environment,

shall be required where the provisions of paragraph 1 are not met. In addition, the Federal Office of Consumer Protection and Food Safety combines the authorisation with the reservation of subsequent admission, amendment or amendment of application provisions or conditions. Without prejudice to § 31, the marketing authorisation holder shall immediately notify in a suitable manner the subsequent inclusion, modification or addition of any application provisions or conditions as well as any other changes in the instructions for use. A publication on a website of the marketing authorisation holder is also suitable. (4) Legal remedies against the ordering of application regulations or conditions do not have suspensive effect. (5) The Federal Office for Consumer Protection and Consumer Protection Food safety may, in so far as it is necessary for the protection in accordance with paragraph 1 (3), arrange for certain knowledge of the use of the plant protection product to be obtained during the period of the authorisation, collected and evaluated and communicated to him the results within a specified period of time . On request, the relevant documents and samples shall be submitted to him. If the results or the relevant documents and samples are not communicated within the specified time limit, the Federal Office of Consumer Protection and Food Safety can order the rest of the authorisation. (6) The Federal Ministry of Economics and Food Safety Food, Agriculture and Consumer Protection is authorized, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, on a proposal from the competent authority of a country without the consent of the Federal Council Legal Regulation

1.

a particular territory of that country, and

2.

certain plant protection products

, to lay down different requirements with regard to the application, subject to the requirements of the respective authorisation, where appropriate risk reduction measures and surveillance measures ensure that: the intended use of the plant protection product in a proper and appropriate manner does not have any harmful effects on human and animal health and on groundwater or any other unjustifiable effects, in particular on the Natural household, arise. Once a year, the competent authorities shall inform the Federal Office of Consumer Protection and Food Safety of the monitoring measures taken in the demarcted area. (7) The Federal Ministry of Food, Agriculture and Food Safety Consumer protection may, in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, be empowered pursuant to the first sentence of paragraph 6 to the Federal Office of Consumer Protection without the consent of the Federal Council. Food safety. Legal regulations of the Federal Office for Consumer Protection and Food Safety

1.

do not require the approval of the Federal Council and the agreement of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and

2.

shall be issued in agreement with the Federal Environment Agency; it shall be deemed to be granted if it is not refused within 20 days of receipt of the request of the Federal Office for Consumer Protection and Food Safety of the Federal Office of the Environment.

(8) Article 34 (1) shall apply mutas to the decisions referred to in paragraphs 1, 2 and 4. Unofficial table of contents

Section 37 New findings

(1) The Federal Office for Consumer Protection and Food Safety is responsible for the examination of the notifications pursuant to Article 56 of Regulation (EC) No 1107 /2009. (2) The notification under Article 56 of Regulation (EC) No 1107/2009 is documents and samples. from which the new findings will emerge. Unofficial table of contents

Section 38 Extension of the authorisation

If a request for re-admission pursuant to Article 43 of Regulation (EC) No 1107/2009 has not been decided on the grounds that the marketing authorisation holder is not responsible for, the Federal Office for Consumer protection and food safety authorisation ex office until the date on which the decision on re-authorisation is taken. Unofficial table of contents

Section 39 Revocation, withdrawal, revocation of admission

(1) An authorisation shall be revoked if:

1.

the conditions laid down in Article 44 (3) (a), (c) or (e) of Regulation (EC) No 1107/2009 are fulfilled, or

2.

the marketing authorisation holder has repeatedly failed to fulfil his obligations under Article 56 of Regulation (EC) No 1107/2009.

(2) An authorisation may be revoked without prejudice to section 49 of the Administrative Procedure Law if:

1.

the conditions set out in Article 44 (1) or (3) (d) of Regulation (EC) No 1107/2009 are met,

2.

the marketing authorisation holder has submitted an application in accordance with Article 45 (1), or

3.

repeatedly, the composition of the plant protection product placed on the market differs substantially from the composition of the authorised plant protection product.

(3) Authorisations should be withdrawn if the applicant is authorised to:

1.

by fraudully deception, threat or bribery, or

2.

under the conditions laid down in Article 44 (3) (b) of Regulation (EC) No 1107/2009

has been affected. In addition, Section 48 of the Administrative Procedure Act remains unaffected. (4) The Federal Office for Consumer Protection and Food Safety may, even in the cases referred to in paragraphs 2 and 3, in place of withdrawal or revocation until the removal of the (5) In the cases referred to in paragraph 1 (1) and (2) (1), Section 49 (6) of the Administrative Procedure Act shall apply mutamatters to the provisions of the Administrative Procedure Act. Unofficial table of contents

§ 40 Supplementary rules on authorisation and approval procedures

(1) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, in agreement with the Federal Ministries of Economy and Technology, for Work and Social Affairs and for the Environment, Nature Conservation and Nuclear Safety, by Ordinance with the consent of the Federal Council

1.

for the purpose of fulfilling the purposes specified in § 1, detailed rules for the determination of application provisions in accordance with § 36, as well as their design and their consideration in the authorisation of plant protection products,

2.

the procedure for the authorisation of plant protection products, including the issue of certificates of authorisation for export,

3.

the procedure for the approval of additives and the notification of planting agents, and,

4.

in so far as it is necessary for the fulfilment of the purposes set out in § 1, the conditions and the procedure for the recognition of establishments which make use of plant protection products for the purpose of establishing the particulars and documents for the authorisation of examine plant protection products,

(2) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized by law, in agreement with the Federal Ministry of Finance, to the extent necessary for the fulfilment of the purposes set out in § 1 above without the consent of the Federal Council, to require that plant protection products from other countries be placed on the market or exported only through certain customs offices.

Section 7
Placing on the market of other substances, authorisation and authorisation procedures

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Section 41 Competence for the testing of active substances, safeners and synergists

(1) The Federal Office of Consumer Protection and Food Safety is responsible for

1.

the participation in the approval of an active substance in accordance with Article 7 of Regulation (EC) No 1107/2009,

2.

the participation in the renewal of the authorisation referred to in Article 14 of Regulation (EC) No 1107/2009,

3.

the application for the authorisation-related review of the authorisation referred to in the second sentence of Article 21 (1) of Regulation (EC) No 1107/2009,

4.

the participation in the authorisation of a safener or synergist in accordance with Article 25 of Regulation (EC) No 1107/2009, and

5.

the evaluation of the equivalence referred to in Article 38 of Regulation (EC) No 1107/2009 and the participation in the procedure concerned,

(2) The Federal Office for Consumer Protection and Food Safety is also responsible for cooperation with the Federal Office for the Protection of the Environment, Public Health and Consumer Protection. Active substance inspection of competent authorities of other Member States, the European Commission and the European Food Safety Authority, and for the transmission of information, commentaries and the transmission of evaluation reports to: , in so far as a corresponding obligation to participate or The possibility of participation in Regulation (EC) No 1107/2009 is provided for. If an application for the approval of a basic substance pursuant to Article 23 (3) of Regulation (EC) No 1107/2009 is to be submitted for the Federal Republic of Germany, the Federal Office for Consumer Protection and Food Safety shall be under the following conditions: (3) If the Federal Republic of Germany is acting in accordance with the procedure referred to in points 1, 2 or 4 of paragraph 1, the Federal Republic of Germany shall have the following responsibilities: Member State, the Federal Office for Consumer Protection and Consumer Protection Food safety the national evaluation report on the basis of the assessments

1.

the Federal Institute for Risk Assessment with regard to human and animal health, the prevention of health damage caused by soil contamination and the methods of analysis for residues referred to in Article 29 (1) (g) of the Regulation (EC) No 1107/2009,

2.

of the Julius Kühn Institute with a view to the efficacy and not to represent the effects on plants, plant products and the honeybee and

3.

of the Federal Environment Agency with a view to avoiding damage caused by the pollution of the natural environment and by waste.

The Federal Office of Consumer Protection and Food Safety can set a deadline for the submission of assessments or opinions if this is necessary, in order to be able to do so by Regulation (EC) No 1107/2009, by the European Commission, or by the Commission. (4) If the Federal Republic of Germany is not acting as rapporteur Member State in a procedure referred to in points 1, 2 or 4 of paragraph 1, the Federal Republic of Germany shall be given the opportunity to: Opinion, the Federal Office of Consumer Protection and Food safety, the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency, within the limits of their competence pursuant to paragraph 3, the opportunity to comment and prepare, on the basis of these opinions, a Opinion on the draft assessment report of the Member State in question and on further documents in the EU procedure. The opinions referred to in the first sentence shall be submitted within a time limit set by the Federal Office of Consumer Protection and Food Safety. (5) In the event of an assessment pursuant to paragraph 1, point 5, the Federal Office for Consumer Protection and Consumer Protection shall draw up the Food safety is the equivalence report referred to in Article 38 of Regulation (EC) No 1107/2009. The Federal Office of Consumer Protection and Food Safety may request an opinion from the authorities referred to in paragraph 2. The opinions referred to in the second sentence shall be taken within the time limit set by the Federal Office for Consumer Protection and Food Safety. (6) The Federal Office for Consumer Protection and Food Safety shall decide within the limits of its powers pursuant to paragraph 1 on the granting of data protection pursuant to Article 59 of Regulation (EC) No 1107/2009. Unofficial table of contents

§ 42 Additives

(1) Additives within the meaning of Article 2 (3) (d) of Regulation (EC) No 1107/2009 may only be placed on the market in the wording in which the levy is provided to the user if it is submitted on request by the Federal Office for (2) The Federal Office for Consumer Protection and Food Safety approves an additive if the additive is used in accordance with its intended and appropriate conditions. use or as a consequence of such an application no harmful effects, in particular on the health of humans and animals, groundwater and the natural environment. The Federal Office of Consumer Protection and Food Safety decides on the approval within four months of the receipt of the application. The decision shall be taken as regards:

1.

the potential harmful effects on human and animal health in consultation with the Federal Institute for Risk Assessment,

2.

Possible harmful effects on the natural household in agreement with the Federal Environment Agency,

3.

of other harmful effects referred to in paragraph 2, in consultation with the Julius Kühn Institute.

The authorities referred to in the first sentence of the first sentence of 1 to 3 shall combine their decision with a written assessment to be submitted to the Federal Office for Consumer Protection and Food Safety. Where the Federal Office of Consumer Protection and Food Safety requires the applicant to provide documents and samples for the verification of the conditions referred to in paragraph 2, it shall decide within four months of receipt of the dossier, or Samples. (4) The Federal Office for Consumer Protection and Food Safety makes the approval of additives and the revocation of authorisations in the Federal Gazette or in the electronic Federal Gazette. (5) The Federal Ministry of Food, Agriculture and consumer protection shall be authorized, in agreement with the Federal Ministries of Economy and Technology, for Labour and Social Affairs and for the Environment, Nature Conservation and Nuclear Safety, by means of a regulation without the consent of the Federal Council, detailed details of the procedure for the approval of the additives, in particular, the content and form of the application and the documents to be submitted by the application. Unofficial table of contents

Section 43 Labelling of additives

An additive may only be placed on the market if it is labelled "additive according to § 42 of the Plant Protection Act" on the containers or ready-to-release packages or leaflets in the German language, and in which the additive is labelled as "additive according to § 42 of the Plant Protection Act". Instructions for use the following information is given:

1.

the name of the additive;

2.

the name and address of the person who packages and identifies the additive for delivery to the user;

3.

the additive according to type and quantity, and

4.

the expiration date.

Unofficial table of contents

Section 44 Review of authorised additives

(1) The Federal Office for Consumer Protection and Food Safety may verify authorised additives to ensure that they continue to comply with the requirements laid down in Article 42 (2). (2) A subsequent check shall be carried out to ensure that an approved The Federal Office of Consumer Protection and Food Safety shall revoke the authorisation to comply with the requirements laid down in § 42 (2). In such a case, the return of the additive to the manufacturer or to a third party authorised by him shall be permitted. Unofficial table of contents

Section 45 Plant Breeding

A planting agent shall be placed on the market only if it does not have any harmful effects on human or animal health and on the health of animals and animals when used in a proper and appropriate manner or as a result of such an application. (2) A planting agent may be placed on the market only if it is placed on the containers and ready-to-be-ready packages or packaging in the German language, in addition to the indication of "plant strength":

1.

the designation of the plant hardening agent;

2.

the name and address of the first placing on the market of the plant hardening agent; and

3.

the instructions for use.

(3) Prior to the first placing on the market of a plant hardening agent, the person who wishes to place the plant hardening agent on the market has the wording and the intended labelling to the Federal Office for Consumer Protection and Consumer Protection Food safety. The Federal Office for Consumer Protection and Food Safety shall publish in an appropriate manner a list of the planting agents whose formulation has been communicated and the placing on the market of which has not been prohibited in accordance with paragraph 4. The Federal Office for Consumer Protection and Consumer Protection shall immediately inform the Federal Office for Consumer Protection and Food Safety of any changes to the wording or the marking that the plant is placing on the market. (4) Food safety may prohibit the placing on the market of a plant nurseries where there is evidence that the planting agent has adverse effects on human and animal health, groundwater or the the natural budget or the conditions laid down in Article 2 (10) for the (5) The Federal Office for Consumer Protection and Food Safety may require changes to the labelling of a planting agent submitted in accordance with paragraph 1 if: are misleading, in particular when the impression is given that the plant hardening agent has the properties of a plant protection product. In the absence of any change in the labelling within a period of three months from the date on which the invitation of the Federal Office for Consumer Protection and Food Safety becomes binding, paragraph 4 shall apply accordingly. (6) Federal Ministry of Food, Agriculture and Consumer Protection is authorized, by means of a legal regulation with the consent of the Federal Council, to determine the details of the procedure referred to in paragraph 3, the details of an order for submission as referred to in paragraph 4 as well as the necessary controls.

Section 8
Parallel trade

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Section 46 Approval for parallel trade

(1) A plant protection product which is authorised in another Member State and which complies with a plant protection product authorised in Germany may only be placed on the market within the scope of this Act if the Federal Office of Consumer protection and food safety has been authorised in accordance with Article 52 of Regulation (EC) No 1107/2009. An authorisation pursuant to Article 52 of Regulation (EC) No 1107/2009 is not required for rice imports. (2) If it is necessary to establish the identity, the Federal Office of Consumer Protection and Food Safety may be required by the applicant to: to submit a comparative study of the parallel-traded plant protection product with the reference product by means of a laboratory suitable in accordance with a legal regulation in accordance with paragraph 4 or by one of the Federal Office of Consumer Protection and Consumer Protection Food safety itself paid comparative investigation (3) The Federal Office for Consumer Protection and Food Safety makes the list of plant protection products for which a permit for parallel trade has been granted, and the relevant reference material in the Federal Gazette or electronic Federal Gazette. (4) The Federal Ministry of Food, Agriculture and Consumer Protection is authorized to do so by means of a decree law which does not require the approval of the Federal Council,

1.

to identify the criteria of equivalence within the meaning of Article 52 (3) (c) of Regulation (EC) No 1107/2009,

2.

the requirements to be met by the laboratories referred to in paragraph 2,

3.

the details of the procedure should also be laid down with regard to intra-Community transfers to their own needs, in particular the nature and scope of the documents and samples to be submitted.

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Section 47 Labelling of parallel trade plant protection products

(1) A parallel-traded plant protection product may only be placed on the market if it is identified in accordance with Article 31 (1) and (2), also in conjunction with a legal regulation pursuant to § 31 (6). (2) The reference material Application areas, application regulations and conditions which have been fixed or subsequently amended shall also apply to the parallel-traded plant protection product. If the reference product is extended to include the authorisation referred to in Article 51 of Regulation (EC) No 1107/2009, it shall also apply to the parallel-trade plant protection product. Unofficial table of contents

§ 48 Ruhen of the permit for parallel trade

The permit for parallel trade is based on the call for approval of the reference means. Unofficial table of contents

Section 49 obligations of the holder of the permit for parallel trade

(1) The holder of an authorisation referred to in Article 52 of Regulation (EC) No 1107/2009 shall be obliged to pay invoices, receipts and delivery notes relating to the parallel-traded plant protection product for a period of five years from the date on which the holder is responsible for the The beginning of the year following the year of existence of these documents shall be kept. In the documents referred to in the first sentence, no information may be removed, made unrecognizable, covered or suppressed. (2) The Federal Office of Consumer Protection and Food Safety may be required to provide proof of the continued Approval of the conditions for approval within certain time limits

1.

samples of the plant protection product to be introduced in parallel,

2.

a comparative investigation within the meaning of Article 46 (2) and documents to which he has access or whose procurement can be attributed to him,

to the extent that new findings require a review of the authorisation. If there is a suspicion of abuse within the meaning of section 50 (2), first sentence, point 2, the Federal Office of Consumer Protection and Food Safety may request the submission of the documents referred to in the first sentence of paragraph 1 from the holder of the authorisation. (3) the holder of the authorisation to parallel trade in new findings concerning the plant protection product placed on the market with regard to the effects of the plant protection product on human and animal health and on the natural environment, is it shall immediately notify the Federal Office of Consumer Protection and Food safety. The ad shall be accompanied by the particulars, documents and samples from which the new findings will be obtained. (4) The holder of the authorisation for the labelling in accordance with Section 47 (1) shall not use the batch number of the authorisation holder of the parallel , it shall keep records and keep them for a period of at least five years from which the equivalent of the batch number used by the plant protection product shall be equal to those of the marketing authorisation holder of the plant protection product. to the plant protection product to be introduced. It shall make this record available to the Federal Office for Consumer Protection and Food Safety at the request of the Federal Office for Consumer Protection and Food Safety if there is a suspicion of abuse within the meaning of Section 50 (2), first sentence, point 2. Unofficial table of contents

§ 50 withdrawal or revocation of the permit for parallel trade

(1) The authorisation for parallel trade shall be withdrawn if the holder of the authorisation is such

1.

by fraudully deception, threat or bribery,

2.

by intentionally or grossly negligently by indications that were inaccurate or incomplete in relation to essential relationships,

has been affected. In addition, Section 48 of the Administrative Procedure Law shall remain unaffected. (2) The permit for parallel trade shall be revoked if the holder of the authorisation

1.

has repeatedly failed to fulfil its obligations under Section 49; or

2.

has abused a granted authorisation to place on the market a plant protection product other than that for which the permit has been granted.

In the cases of sentence 1, point 2

1.

the holder of the authorisation may be granted a new authorisation before the expiry of two years, in the event of a repetition period of five years after the revocation of a plant protection product, provided that there is not an undue hardship in the individual case would be

2.

in the event of recurrence, any authorisations for parallel trade issued to the holder of the authorisation revoked in accordance with the second sentence of sentence 1 and relating to the same reference means shall be revoked.

In addition, Section 49 of the Administrative Procedure Act remains unaffected. (3) The Federal Office of Consumer Protection and Food Safety may, in place of withdrawal or revocation, call for the approval of parallel trade for a given Arrange period. Unofficial table of contents

Section 51 Intra-Community movement of plant protection products for their own use

(1) If the intra-Community movement of a plant protection product in accordance with section 46 is to be carried out only for use in the own farm of agriculture or forestry or horticulture, § § 46 to 48 and 50 shall apply in accordance with paragraph 2 (2) If the intra-Community transfer is to be carried out only for use in the own enterprise of agriculture, forestry or horticulture, this shall be notified in the case of the application for approval. If the Federal Office of Consumer Protection and Food Safety establishes the identity with the reference product in the event of an application for the first sentence, it shall issue the authorisation with the addition "only for use in the operation of the applicant". In the case of the storage and use of the plant protection product, the holder of the authorisation must have the instructions for use of the reference product. A marking of the self-import according to § 47 (1) is not required. Section 49 (2) to (4) shall not apply. The plant protection product may only be used in the holding for which the authorisation referred to in paragraph 1 has been granted.

Section 9
Plant protection equipment

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Section 52 Examination

(1) The Julius Kühn Institute may, at the request of the manufacturer or the placing on the market, examine plant protection equipment to determine whether it meets the requirements of § 16 or whether it exceeds certain requirements beyond the general requirements of § 16 (2) The Julius Kühn Institute shall carry out a descriptive list of the types of equipment tested and of the specific requirements which they shall be required to: , and makes the list in the Federal Gazette or in the electronic Federal Gazette. (3) An examination of special requirements may also be carried out by another test site, if the inspection body has the appropriate facilities for such an examination and expert staff and from the Julius. The Federal Ministry of Food, Agriculture and Consumer Protection is authorized, by means of a regulation without the consent of the Federal Council, to carry out the procedure for voluntary testing of plant protection equipment in accordance with the provisions of the following paragraph 1 as well as the recognition of verifiers referred to in paragraph 3. Unofficial table of contents

Section 53 Operating Instructions

If the plant protection appliance complies with special requirements within the meaning of section 52 (1), the manufacturer or the placing on the market shall be obliged, in addition to the requirements laid down in Section 8 of the Product Safety Act of 8 November 2011. (BGBl. 2178), the Regulation on the placing on the market of machinery requires the indication of these requirements and the conditions of operation to be complied with.

Section 10
Compensation, transfer of receivables, costs

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§ 54 Compensation

(1) Insofar as, under this law, plants or plant products which are neither infected nor suspected of being infected or other objects which are neither carriers of harmful organisms nor are suspected to be carriers of harmful organisms, shall be considered as appropriate. be destroyed, is an adequate compensation in money to be paid. The compensation shall be determined in a fair balance between the interests of the general public and the parties concerned. (2) A measure under this law shall inflict on the person concerned an asset disadvantage which is not to be deducted under paragraph 1. (3) compensation shall not be granted where the person concerned or his/her legal guerrior is responsible for the action by an infringement of this law or against a law adopted pursuant to that law In the case of disputes concerning the claims for compensation, the ordinary legal path has been given. Unofficial table of contents

§ 55 Transfer of receivables

If compensation is granted in accordance with Article 54 (1) or (2) or compensation is granted on the basis of administrative measures to combat or prevent the disappearance of harmful organisms, the European Union shall take part in the Compensation or compensation, the Federal Ministry of Food, Agriculture and Consumer Protection may, in so far as it is necessary for the implementation of legal acts of the European Community or of the European Union, by means of a regulation , with the consent of the Federal Council, require that claims be made to Compensation or compensation for compensation or compensation granted to third parties to the European Union shall be transferred to the European Union at the level of the pro-rata financing of compensation or compensation. Further details of the transfer of receivables and a transfer of receivables to the countries, in particular the scope and procedures, may be settled in the legal regulation according to sentence 1. Unofficial table of contents

§ 56 Fees and charges

(1) The Federal Office for Consumer Protection and Food Safety charges fees and levies for

1.

its individually attributable public services under this Act, under this Act or in accordance with directly applicable legal acts of the European Community or of the European Union within the scope of this Act; and

2.

rapporteur for the activities referred to in Articles 7, 15, 18, sentence 3 (f) or Article 25 of Regulation (EC) No 1107/2009.

In determining the amount of the fee in accordance with the first sentence, the administrative burden associated with the joint action of the Federal Institute for Risk Assessment, the Julius Kühn Institute and the Federal Environment Agency must also be taken into account. In the case of point 2 of the first sentence, the fees and charges shall be levied by the person who arranges for the examination of an active substance, safener, synergist or additive. (2) The Julius Kühn Institute charges fees and charges for its Individually attributable public services under this Act, by regulations adopted pursuant to this Act or by acts of the European Community or of the European Union directly in force in the field of application of this Act, or by acts adopted directly by the European Community Law. (3) The Federal Ministry of Food, Agriculture and Food Consumer protection is authorized, in agreement with the Federal Ministries of Finance and Economics and Technology, by means of a regulation which does not require the consent of the Federal Council to determine the chargeable facts and to determine the amount of the fee. to provide fixed rates or framework rates. The agreement of the German Federal Ministry for the Environment, Nature Conservation and Nuclear Safety is also required to regulate the fee-based facts which require the involvement of the Federal Environment Agency. The benefits of plant protection products, plant protection equipment, plant protection procedures and equipment and equipment used in plant protection are to be taken into account adequately for the general public. The costs to be reimbured may be regulated by way of derogation from the Federal Fee Act.

Section 11
Authorities, monitoring

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§ 57 Julius Kühn-Institute

(1) The Julius Kühn Institute is an independent federal authority within the remit of the Federal Ministry of Food, Agriculture and Consumer Protection. (2) The Julius Kühn Institute has in addition to the tasks assigned to it by this law, by legal regulations pursuant to § 52 (4) and (67) or by other legislation, the following tasks shall be or shall be delegated:

1.

the information and advice of the Federal Government in the field of plant protection,

2.

research as part of the purpose of this law, including library and documentary collection, evaluation and provision of information;

3.

Research

a)

in the fields of crop production, grassland management and plant nutrition, and

b)

in the field of plant genetics,

Information and advice to the Federal Ministry of Food, Agriculture and Consumer Protection on all questions relating to the tasks of the Julius Kühn-Institute according to points (a) and (b),

4.

Risk analysis and assessment in the area of the introduction and disappearance of harmful organisms, as well as participation in the development of national and international standards in the field of plant health,

5.

Participation in and monitoring of programmes and measures, including the monitoring, the countries and the European Community or the European Union, to prevent the disappearance and disappearance of harmful organisms and to contribute to the the diagnosis of harmful organisms and the perception of reference functions,

6.

participation in the closing of gaps in the fight including participation in the drawing up of the list of minor applications and the assessment of the public interest referred to in Article 51 (8) of Regulation (EC) No 1107/2009,

7.

participation in the monitoring of the placing on the market and use of plant protection equipment, as well as of equipment used in plant protection, but not plant protection equipment,

8.

Testing and development of plant protection methods, including resistance management for plant protection products,

9.

testing the effects of plant protection products on useful arthropods, soil macro-and soil micro-organisms to assess the benefits of plant protection products;

10.

the testing of plants for their resistance to harmful organisms,

11.

the investigation of bees for damage caused by plant protection products.

(3) The Julius Kühn Institute may examine equipment and facilities which are used in plant protection but are not plant protection equipment, and make them known in a list in the Federal Gazette or in the electronic Federal Gazette. (4) The Julius Kühn Institute Kühn-Institut makes known the standards adopted in accordance with Article X of the International Plant Protection Convention. Unofficial table of contents

Section 58 Federal Office of Consumer Protection and Food Safety

(1) The Federal Office for Consumer Protection and Food Safety has, in addition to the tasks assigned to it by this law, by legal regulations pursuant to § § 11, 40, 46 and 68 or by other legislation, or become or become the following tasks:

1.

Information and advice to the Federal Government in the field of plant protection products, plant starch products, safeners, synergists, additives and additives,

2.

Participation in the supervision of authorised plant protection products and of the plant protection products for which a parallel trade permit has been granted, including the examination of its content composition for the purpose of verifying the the conditions for admission or the conditions for approval pursuant to section 46, for the monitoring of the plant substances and additives included in the list in question and of the approved additives,

3.

Participation in the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade in the field of chemicals plant protection,

4.

Issue of certificates for the authorisation of plant protection products for export.

(2) The Federal Office for Consumer Protection and Food Safety can examine

1.

plant protection products which do not require authorisation;

2.

Substances which are intended for use in plant cultivation but are not plant-protection products, plant-setting agents or additives.

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Section 59 Implementation in the countries

(1) The implementation of this law, including the monitoring of compliance with its rules, the checks provided for in Article 68 of Regulation (EC) No 1107/2009, the participation in the implementation of the action plan in accordance with § § 1 (2) As a plant protection service, the competent authorities shall, in particular, carry out the following tasks:

1.

the monitoring of plant stocks and the stocks of plants and plant products for the occurrence of harmful organisms, and the monitoring of facilities pursuant to Article 7 (1), second sentence, point 2 (h),

2.

the supervision of the transport, placing on the market, storage, import, intra-Community introduction and export of plants, plant products and culture substrates in the context of plant protection, and the issue of the the certificates required for such activities,

3.

advice, education and training in the field of crop protection, in particular good professional practice, including integrated pest management, also with a view to reducing the risks associated with the application of plant protection products for humans, animals and the natural environment can be created, and the implementation of the action plan in accordance with § 4, including the implementation of the warning service, also using its own investigations and trials,

4.

the testing of plant protection products, plant protection equipment, plant protection methods, plant species resistance, and participation in the closure of control gaps,

5.

the carrying out of the studies and tests required for the tasks referred to in points 1 to 4;

6.

reporting on the occurrence and dissemination of harmful organisms, on the monitoring referred to in point 8, and on the measures taken to implement the action plan in accordance with Section 4;

7.

approval of the use of plant protection products with aircraft,

8.

monitoring of the placing on the market, intra-Community introduction and introduction of plant protection products, plant hardeners and additives on the domestic market and the use of plant protection products.

(3) The State Governments shall be authorized to transfer the conduct of investigations into infestations with a harmful organism to institutions where they are subject to the conditions laid down in Article 7 (1) (2) (2) (h) Legal regulation. Unofficial table of contents

§ 60 Public orders

The competent authority may, on a case-by-case basis, take the orders necessary for the disposal of the law or for the prevention of future infringements of this law or of the legal regulations adopted pursuant to this Act. In particular, it may prohibit:

1.

the use of a plant protection product for the prevention of infringements of § 12 or Article 13 (1),

2.

the placing on the market of a plant protection product if the necessary authorisation or authorisation is not available, or

3.

the importation or intra-Community movement and the movement in the territory of the country or the movement to another Member State of harmful organisms or infestation items.

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Section 61 Participation of customs services

(1) The Federal Ministry of Finance and the customs services designated by it shall assist in the supervision of the import, transit and export of harmful organisms and infestation items and of the release for free circulation of Plant protection products, seeds, plant and crop products containing plant protection products, or plant protection products, and active substances for the production of plant protection products or for use as Plant protection products are suitable. Customs cooperation with the authorities referred to in Article 59 (1) in the surveillance of the objects referred to in the first sentence, with the exception of harmful organisms and items of infestation, shall be carried out in accordance with Articles 27 to 29 of the Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down rules for the accreditation and market surveillance relating to the marketing of products and repealing Council Regulation (EEC) No 339/93 1. 30). The customs services are also involved in the monitoring of the intra-Community introduction of plant protection products. (2) Customs services may be able to:

1.

Consignments containing the goods referred to in the first sentence, including goods of this type, including their means of transport, containers, loading and packaging means, on importation, transit and exportation for surveillance, and in the case of conditions , for the purpose of gasification or other treatment of items of infestation, transfer these under customs supervision to the nearest gas station or treatment centre,

2.

in so far as it is necessary for the implementation of this Act, of regulations adopted pursuant to this Act and of acts of the European Union relating to the substantive areas of that law, information which it provides in the context of its have obtained customs duties, communicate to the competent authorities,

3.

in the cases referred to in point 2, order that the consignments of the type referred to in the first sentence of paragraph 1 are presented at the expense and risk of the person entitled to dispose of the goods within the meaning of Article 59 (1). The letter and postal secrecy referred to in Article 10 of the Basic Law shall be restricted in accordance with the first sentence.

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Section 62 Delegated Customs Offices

The Federal Ministry of Food, Agriculture and Consumer Protection, in agreement with the Federal Ministry of Finance, announcates the customs offices in the Federal Gazette, where

1.

Consignments of harmful organisms and infestation shall be made for import or export if the import or export is governed by a regulation in accordance with Article 7, or

2.

Plant protection products for release for free circulation or for export, provided that this is regulated by a regulation in accordance with Article 40 (2).

Section 12
Information and reporting obligations, transmission of data, confidentiality

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§ 63 Information to be required

(1) Natural and legal persons and non-legal persons ' associations shall, on request, provide the competent authority with the information necessary for the implementation of that law by the competent authority, or by reason of this law. Law delegated tasks are required. The competent authorities of the countries are entitled to inspect the data referred to in § 2 in connection with the installation of the InVeKoS data law, insofar as it is necessary for the monitoring of compliance with the provisions of this Act as well as the data provided by this law (2) Persons charged by the competent authority may, within the framework of paragraph 1, be entitled to land, offices, operating rooms and means of transport of the party responsible for providing information during the Enter business and operating time and there

1.

carry out surveys and investigations into harmful organisms and test plant protection equipment,

2.

Samples, in particular plants, plant products or plant protection products, shall be taken without payment of a receipt, and

3.

Consult business documents;

they may be accompanied by experts from the European Commission or from other Member States. In order to prevent urgent threats to public security and public order, the land, premises, premises and means of transport may also be entered if they are used for the purpose of providing information to the person responsible for providing information at the same time. The person responsible for providing information shall be allowed to take the measures to assist the persons responsible for monitoring and to submit the business documents. (3) The competent authority responsible for carrying out surveillance and monitoring activities shall be responsible for the implementation of the monitoring and surveillance activities. (3) In the course of their order, the control measures in accordance with Section 6 (1) number 4 may enter land on working days during the day and carry out surveillance and control measures there. The right of disposal or owner has to tolerate these measures. (4) The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted within the scope of paragraphs 2 and 3. (5) The person responsible for the information can provide the information refuse such questions, the answers of which shall itself or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of proceedings under the law on It would be subject to misalignment. Unofficial table of contents

Section 64 Reporting obligation

(1) Annual by 31 March have to be reported to the Federal Office of Consumer Protection and Food Safety for the previous calendar year

1.

the manufacturer of plant protection products,

2.

the person who has put a plant protection product on the market for the first time, and

3.

in the case of the importation or intra-Community introduction of plant protection products, the person who places the goods in free circulation or transfers them to free circulation,

the nature and quantity of the plant protection products, whether or not exported or exported, to recipients residing or having their registered office in the country, and the active substances in each of them and, where known, the safeners and synergists contained in them. The notification shall be made for each plant protection product separately and under the name of the name. Where a plant protection product is offered for both professional and non-professional users, the notification shall be made separately. Sentences 1 and 2 shall not apply to the extent that plant protection products are delivered on the basis of an authorisation pursuant to Article 54 of Regulation (EC) No 1107/2009. (2) The Federal Ministry of Food, Agriculture and Consumer Protection will be responsible for: authorized, in agreement with the Federal Ministries of Economics and Technology and for the Environment, Nature Conservation and Nuclear Safety, by means of a legal regulation which does not require the consent of the Federal Council, for more information on the content and form of the reports. (3) The Federal Office of Consumer Protection and Food Safety shall inform the competent authorities of the countries of the results of the notifications. It shall draw up the statistics on the placing on the market referred to in Article 1 (2) in conjunction with Annex I to Regulation (EC) No 1185/2009 from the reports submitted to it in accordance with paragraph 1, and shall forward the results referred to in Article 3 (2) of the Regulation (EC) No 1185/2009 to the services of the European Commission. It shall publish the results of the survey referred to in paragraph 1 in the Federal Gazette or in the electronic Federal Gazette. Unofficial table of contents

Section 65 Confidentiality

(1) Without prejudice to Article 59 of Regulation (EC) No 1107/2009, information provided by the Federal Office for Consumer Protection and Food Safety in the context of the procedures for the authorisation of plant protection products or for the approval of active substances may be provided by the Federal Office for Consumer Protection and Food Safety safeners or synergists and which are confidential in accordance with Article 63 of Regulation (EC) No 1107/2009 or which constitute or contain any other business or business secrecy to the extent that the applicant or the marketing authorisation holder is responsible for the has been identified as being in need of secrecy, by the Federal Office for Consumer protection and food safety are not disclosed. Sentence 1 shall not apply if the Federal Office of Consumer Protection and Food Safety establishes an overriding public interest in the disclosure in the individual case, taking into account the confidentiality interests of the parties concerned. Before deciding on the disclosure of the information protected by the first sentence, the persons concerned shall be heard. (2) Not covered by the operating and business secrecy referred to in paragraph 1:

1.

the information referred to in Article 57 of Regulation (EC) No 1107/2009,

2.

the physico-chemical information on the plant protection product and on the active substance,

3.

a summary of the results of the studies and tests on the effectiveness and impact on human and animal health and on the other effects, in particular on the natural environment,

4.

Information on precautionary measures and emergency measures in the event of accidents,

5.

analytical methods for the determination of the active substances, additives and impurities which are considered to be toxicologically, ecotoxicologically or ecologically relevant, and residues within the meaning of Article 3 (1) of Regulation (EC) No 1107/2009,

6.

Information on procedures for the correct disposal or neutralisation of the plant protection product, its container or packaging and the active substance.

(3) The Federal Office of Consumer Protection and Food Safety shall immediately inform the Federal Office of Consumer Protection and Food Safety of the publication of the particulars and documents they have previously provided for in accordance with paragraph 1 of this Article. (4) Information received by the Federal Office of Consumer Protection and Food Safety in the context of the procedures referred to in § § 42, 45 or § 46 may not be disclosed if it is concerned with trade or trade secrets, or the person who provided the information, has been identified as confidential. Except for the transmission of data in accordance with § 21 (3), the first sentence shall apply in accordance with the information provided by the Julius Kühn-Institut within the scope of its tasks pursuant to § 21 or an examination in accordance with § 52. The second and third sentences of paragraph 1 shall apply mutatily. Unofficial table of contents

Section 66 Transmission of data

(1) The Julius Kühn Institute and the Federal Office for Consumer Protection and Food Safety may communicate to the competent authorities of other Member States and to the European Commission decisions and measures, to the extent that this is done by legal acts of the European Community or of the European Union, or is required for the implementation of the Agreement on the European Economic Area. In addition, the Federal Office for Consumer Protection and Food Safety may submit information and documents obtained in the performance of its duties in accordance with § § 33 to 39 and 42 to the bodies referred to in the first sentence, to the extent that this is the case. required by acts of the European Community or of the European Union, or required for the implementation of the Agreement on the European Economic Area. (2) The competent authorities may, in so far as they comply with the Requirements for plant protection are required or by legal acts of bodies of the European Community or of the European Union, data they have obtained in the course of the implementation of this Act, the competent authorities of other countries, the Federal or other Member States and the competent authorities of the Member States of the European Union. European Commission. Unofficial table of contents

Section 67 External transport

The Federal Ministry of Food, Agriculture and Consumer Protection is responsible for transport with the competent authorities of other Member States and the European Commission. This power can be transferred to the Julius Kühn Institute or the Federal Office of Consumer Protection and Food Safety without the consent of the Federal Council. In addition, this power may be transferred to the competent national competent authorities by means of a regulation with the consent of the Federal Council. The supreme state authorities may delegate this power to other authorities by means of a regulation in accordance with the provisions of the third sentence.

Section 13
Criminal and penal rules

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Section 68 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

an enforceable order pursuant to § 3 (1) sentence 3, § 8, § 13 (3), § 16 (2) sentence 2, § 20 (3) sentence 4, § 20 (4) sentence 2, § 23 (5) or § 60 sentence 2),

2.

an animal or a plant is used in accordance with Article 3 (3),

3.

a legal regulation in accordance with

a)

Section 6 (1) (1) to (3), (5) to (15) or (16) or (3) sentence 1, (7) (1) sentence 1 or 2 (1) or (2) (a), (b), (e), (g) or (h), (14) (1) (b), (2), (3), (4) or (5), (2) or (4) 1, § 16 (4), first sentence, point 1, also in conjunction with § 16 (5) sentence 1 or sentence 2, § 16 (4) sentence 1, point 2, § 25 (3), § 31 (6) (4) or (5), § 32 (4) or § 40 (2), or

b)

§ 7 (1) sentence 2 (2) (c), (d) or (f) or (2) (1), or

an enforceable order is contrary to such a decree, provided that the regulation refers to that fine for a particular case,

4.

, contrary to Article 9 (1), applies a plant protection product, provides advice on plant protection, directs or supervises a person, or places a plant protection product on the market or on the Internet via the Internet,

5.

, contrary to Article 9 (2), sentence 3, does not submit a proof of proof or does not submit it in due time

6.

contrary to § 10 sentence 1, also in connection with a regulation pursuant to § 10 sentence 2, contrary to § 24 (1) sentence 1, also in connection with a legal regulation pursuant to § 24 paragraph 1 sentence 2, or contrary to § 24 paragraph 2 sentence 1, also in connection with a Ordinance pursuant to § 24 (2) sentence 2, an indication not, not correct, not fully or not reimbursed in time,

7.

use a plant protection product in accordance with Article 12 (1), the first sentence of the first sentence of paragraph 2 or the second sentence of paragraph 3, the second sentence of paragraph 4, the third sentence of Article 16 (3), the first sentence of Article 17 (1) or Article 18 (1),

8.

shall apply a plant protection product in accordance with the second sentence of Article 12 (3) (2) (1) or (2) in the home and small garden areas,

9.

, contrary to Article 13 (2) (1) of a wild animal, it intercepts, injured or kills or departs from nature, or destroys or destroys its forms of development,

10.

, contrary to Article 13 (2) (2), a wild animal is seriously disturbed,

11.

, contrary to Article 13 (2) (3), a reproduction or resting place from nature is taken, damaged or destroyed,

12.

, contrary to Article 13 (2) (4), a wild plant or its forms of development are taken from nature, or damaged or destroyed,

13.

in accordance with Article 19 (1), also in connection with a regulation referred to in paragraph 2, seed, planting material or a cultivation substrate, or

14.

, contrary to the third sentence of Article 20 (3) or (4) sentence 3, does not make an advertisement, not correct, not complete or not in good time,

15.

, contrary to Article 23 (1), first sentence, a plant protection product is

16.

, contrary to Article 23 (2), sentence 1, placing a plant protection product on the market

17.

Contrary to Article 23 (3), the acquirer is not informed, not right, not fully or not in good time,

18.

, contrary to § 23 (4) sentence 1, information is not provided, not correct, not complete or not available in time,

19.

Contrary to Article 25 (1) sentence 1, a plant protection product is carried out

20.

Contrary to Article 25 (2), first sentence, point 1 or point 2, even in combination with sentence 2, a plant protection product or a culture substrate is not kept separate,

21.

Contrary to Article 26, a food, feed, seed, planting material or a culture substrate is not kept separate,

22.

, contrary to the second sentence of Article 27 (2) (2) or the second sentence of paragraph 3, a plant protection product shall not be accepted, not fully or

23.

contrary to § 30 (2), § 31 (2), also in connection with a legal regulation pursuant to § 31 (6) (1), (2) or (3), in breach of § 45 (2) or in breach of § 47 (1), a plant protection product without the prescribed marking in the Transport or intra-community transport,

24.

, contrary to Article 32 (1), the placing on the market of seeds, planting material or a culture substrate

25.

, contrary to Article 42 (1) or section 43, placing an additive on the market,

26.

Contrary to Article 45 (1), a plant hardening agent shall be placed on the market,

27.

Contrary to Article 45 (2), a plant-hardening agent shall be placed on the market without the necessary marking,

28.

Contrary to § 45 (3) sentence 1, a communication does not make, not correct, not complete or not timely,

29.

, contrary to Article 46 (1) sentence 1, placing a plant protection product on the market,

30.

Contrary to § 49 (1) sentence 1, invoices, receipts and delivery notes are not kept,

31.

, contrary to § 49 (1) sentence 2, disclosures, disclaims, covers or suppresses,

32.

an enforceable arrangement in accordance with section 49 (2),

33.

, contrary to § 49 (3) sentence 1, does not make an advertisement, not correct, not complete or not in good time,

34.

, contrary to § 49 (4) sentence 1, a record does not lead, not correct or not complete,

35.

does not make a record or make it accessible in time, contrary to Article 49 (4) sentence 2,

36.

Contrary to § 53, there is no indication, not correct, or not complete,

37.

, contrary to the first sentence of Article 63 (1), information is not provided, not correct or not in full or in time,

38.

does not tolerate any measure contrary to the second sentence of Article 63 (2) or the second sentence of the third sentence of paragraph 3, or does not support a person responsible for the monitoring or

39.

Contrary to § 64 (1) sentence 1, 2 or sentence 3, in connection with a legal regulation pursuant to § 64 paragraph 2, a report does not make, not correct, not complete or not in time.

(2) The anti-administrative act is contrary to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 June 2009. On the marketing of plant protection products on the market and repealing Council Directives 79 /117/EEC and 91 /414/EEC (OJ No L 73, 27.3.1979, p. OJ L 309, 24.11. 2009, p. 1) by intentionally or negligently

1.

is placing a plant protection product on the market, contrary to Article 28 (1),

2.

shall carry out an experiment or an experiment without the authorisation referred to in the first sentence of Article 54 (1),

3.

the application of the first sentence of Article 66 (1) to an unauthorised plant protection product, or

4.

shall not, contrary to Article 67 (1), first sentence or sentence 2, carry a record, not correct, not complete or not for the duration prescribed.

(3) In the cases referred to in points 1, 2, 3 (a), 4, 6, 7, 9 to 12, 17, 23 to 25 and 29 and in paragraph 2 (1) to (3), the administrative offence may be subject to a fine of up to EUR 50 000 and, in the other cases, with a (4) Plants, plant products, crop substrates, plant protection products, plant cures and additives to which an administrative offence referred to in paragraph 1 (3) (a), (7), (13) and (21) to 28 or paragraph 2, point 1, may be recovered. (5) Administrative authority within the meaning of § 36 (1) (1) of the Code of Administrative Offences shall be the Federal Office of Consumer Protection and Food Safety in the cases referred to in points 31 to 35 and 39 of paragraph 1 and paragraph 2 of paragraph 2. Unofficial table of contents

Section 69 Criminal Code

(1) With a custodial sentence of up to five years or a fine shall be punished, who

1.

Contrary to Article 6 (5), a harmful organism is disseminated,

2.

a legal regulation pursuant to section 14 (1) (1) (a) or of a enforceable order is contrary to such a decree as to the extent to which it refers to that penal code for a certain amount of the offence;

3.

, contrary to Article 14 (5), a plant protection product is placed on the market or placed on the market, or

4.

a deliberate act referred to in Article 68 (1) (8), (9), (10) or (11), referring to an animal or a plant of a strictly protected nature.

(2) A custodial sentence of up to three years or a fine shall be punishable by

1.

Article 4 (2) of Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of the wild fauna of a particularly protected species, which is protected under Article 4 (2) or in Annex I to Directive 2009 /147/EC of the European Parliament and of the Council of 30 November 2009 wild bird species (OJ L 327, 22. 7), it kills, kills or destroys its forms of development from nature, or

2.

, in accordance with Article 31 (5), first sentence 1, point 1, produces a plant protection product, spends or places on the market in the community.

(3) With a custodial sentence of up to one year or a fine, he shall be punished who, contrary to § 31 (5) sentence 1, point 2, produces a plant protection product, spends or puts on the market within the community. (4) Discovers the perpetrator in the cases of the Paragraph 1 (4) or (2) (1) shall not be reckless that the act relates to an animal or a plant of a species referred to in that paragraph, the penalty shall be a custodial sentence of up to one year or a fine. (5) The deed shall not be carried out in accordance with (1) (4), (2) (1) or (4), if the act is an insignificant quantity of the (6) The experiment shall be punishable in the cases referred to in paragraphs 1, 2 and 3 of paragraph 1. (7) Plant protection products to which a criminal offence referred to in paragraph 1 (2), (2) and (2) shall be applied. Point 2 or paragraph 3 may be withdrawn.

Section 14
Final provisions

Unofficial table of contents

Section 70 Untouchdown clause

Remain unaffected

1.

the Food and Feed Code,

2.

the Federal Immission Control Act,

3.

the Chemicals Act,

4.

the Product Safety Act and

5.

the Gentechnikgesetz

as well as the legal regulations based on these laws. Unofficial table of contents

Section 71 Special provisions for the control of rebounds

The German Federal Ministry of Food, Agriculture and Consumer Protection, with the approval of the Federal Council pursuant to § 6 (1), regulates the control of the rebound (Daktulosphaira vitifoliae Fitch). In addition, as far as it is necessary to combat the harmful organism, the countries may:

1.

shall make further arrangements for the control of rebounds, in addition to legal orders in accordance with Article 6 (1),

2.

the compensation for measures to combat the rebel shall be regulated by way of derogation from the provisions of Section 54 (1) to (3).

Unofficial table of contents

Section 72 EilverRegulations

(1) The Federal Ministry of Food, Agriculture and Consumer Protection may, in the event of danger in default, be subject to legal orders pursuant to § 7 (1) and (2), § 8 (1), § 14 (1), § 19 (2), § 25 (3) or § 32 (4), in the cases of § 6 (4) (a) 1 and 2 and Article 7 (1) even if it is necessary for the immediate implementation of legal acts of the European Community or of the European Union, without the consent of the Federal Council and without agreement of the respectively participating Federal Ministries. (2) Legal orders referred to in paragraph 1 shall enter into force no later than six months after the date of their entry into force. Your period of validity can only be extended with the approval of the Federal Council. Unofficial table of contents

Section 73 Announcement of legal regulations

By way of derogation from § 2 (1) of the German Federal Gazette (Federal Gazette), legal orders under this Act may be announced.

Footnote

(+ + + § 73: For application, see Section 74 (14) + + +) Unofficial table of contents

Section 74 Transitional provisions

(1) Documents accompanying applications for authorisation of a plant protection product prior to 14 February 2012 may only be used for the benefit of third parties, if:

1.

the pre-applicant has agreed to its recovery in writing, or

2.

the first-time authorisation of the plant protection product of the pre-applicant, to which the intended recovery relates, is in a Member State for more than ten years.

If none of the active substances contained in the plant protection product is included in Annex I to Directive 91 /414/EEC, the ten-year period referred to in the first subparagraph of paragraph 2 shall begin with the first-time authorisation granted after 1 July 1998. (2) Plant protection products authorised prior to 14 February 2012 may still be placed on the market until their authorisation ends by time lapse, unless the authorisation ends at an earlier date by revocation or withdrawal. Plant protection products for which a certificate of transport validity has been issued before 14 February 2012 may still be placed on the market until the date specified in Article 52 (6) of Regulation (EC) No 1107/2009. (3) Applications on the authorisation of a plant protection product, which has been fully received by the Federal Office for Consumer Protection and Food Safety before 14 June 2011, shall be processed in accordance with the provisions in force before 14 February 2012, and decision. The same shall apply to authorisations valid on 14 February 2012, based on the decision to take up the active substance contained in Annex I to Directive 91 /414/EEC or to the approval of the active substance referred to in Article 4 of Regulation (EC) No 1107/2009. (4) A request for the provisional authorisation of a plant protection product containing one of the active substances listed in Article 80 (1) of Regulation (EC) No 1107/2009, in accordance with § 15c of the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. I p. 971, 1527, 3512), most recently by Article 13 of the Law of 29 July 2009 (BGBl. 2542), pending the decision on the approval of the active substance under Regulation (EC) No 1107/2009. (5) Plant protection products which are not yet covered by Article 28 of Regulation (EC) No 1107/2009 may be authorised for a period of five years from the date of adoption of the work programme referred to in Article 26 of Regulation (EC) No 1107/2009. (6) § 9 shall apply with the following measures:

1.

In the case of persons who are knowledgeable on 14 February 2012 according to the provisions of § § 10, 10a and 22 of the Plant Protection Act, as amended by the Notice of 14 May 1998 (BGBl. 971, 1527, 3512), as last amended by Article 4 of the Law of 2 November 2011 (BGBl). 2162), in conjunction with the Plant Protection Ordinance of 28 July 1987 (BGBl), has been amended. I p. 1752), as last amended by Article 27 of the Law of 6 December 2011 (BGBl). 2515), the certificates of training and qualifications, from which the subject-matter was issued until 14 February 2012, shall be valid until 26 November 2015 in the form of a proof of proof of competence within the meaning of § 9. Persons in accordance with the first sentence of 1 May 2015 may, on the basis of the Plant Protection-Sachkundeverordnung in the version valid on 14 February 2012, submit an application for the issue of a proof of proof in accordance with § 9. For persons in accordance with the first sentence, the three-year period for further education and training measures as defined in Section 9 (4) shall start on 1 January 2013. The competent authority may prohibit the persons referred to in the first sentence from exercising the activities referred to in Article 9 (1) if the facts justify the assumption that the person carrying out those activities does not have the necessary professional qualifications. Knowledge and skills. The second sentence of Article 9 (2) and the third paragraph shall apply.

2.

In the case of persons who were on 14 February 2012 in an initial, continuing or further training course, which is intended to mediate in plant protection, the proof of proof according to § 9 on the basis of the Plant Protection-Sachkundeverordnung (Plant Protection-Sachkundeverordnung) will be published in the 14. The text is in force in February 2012.

3.

In the case of persons who, after 14 February 2012, start a training, further education or further training which is intended to mediate in plant protection, the proof of proof according to § 9 on the basis of the plant protection-expert regulation in each case shall be provided in the respective shall be issued in force.

(7) Paragraph 23 (1) shall apply as from 26 November 2015. (8) Plant production facilities lawfully placed on the market before 14 February 2012 may still be placed on the market until 14 February 2013. (9) § § 42 to 44 shall be subject to the following: The date on which the Regulation referred to in Article 58 (2) of Regulation (EC) No 1107/2009 shall take effect for the first time. The Federal Ministry of Food, Agriculture and Consumer Protection (Federal Ministry of Food, Agriculture and Consumer Protection) announced the day after the first sentence of the Federal Law Gazets (Bundesgesetzblatt). (10) Additives that were placed on the market before 14 February 2012 after the regulations in force up to this date , may be placed on the market and applied until 14 February 2022. (11) Substances and preparations which, prior to 14 February 2012, as amended by the notice of Article 6a (4) (3) (a) of the Plant Protection Act, of 14 May 1998 (BGBl. 971, 1527, 3512), as last amended by Article 4 of the Law of 2 November 2011 (BGBl). 2162), which are in force at that date and which have not been included in Annex I to Directive 91 /414/EEC and which consist exclusively of one or more substances, starting from the age of 14. As a basic substance to be approved in accordance with Article 23 of Regulation (EC) No 1107/2009, and for which such a request has been submitted by 14 February 2013, it may continue to be used for the purposes of its own operation until the date of application of the application, until such time as the basic substance has been submitted for use in its own operation have been decided on this request for authorisation pursuant to Article 23 of Regulation (EC) No 1107/2009 (12) Plant protection products, which have been designated before 14 February 2012 for use in the home and small garden sector, shall be considered to be approved for non-professional users. They may be placed on the market until 14 June 2015 with this marking. (13) Plant protection products, which are labelled in accordance with the provisions in force on 13 February 2012, may still be placed on the market until 14 June 2015 (14) By the end of March 31, 2012 § 73 is to be applied with the proviso that the proclamation takes place by way of derogation from § 1 of the Law on the Announcement of Legal Regulations in the Electronic Federal Gazette (Bundesanzeiger) and to a regulation thus announced , stating the place of its publication and of the date of its entry into force, in the Federal Law Gazans.

Footnote

Section 74 (6) (1) (1) italic printing: should have been correctly "